Uganda High Court Bulletin Subject Index

HIGH COURT BULLETIN - SUBJECT INDEX FROM 1968-2000
SUBJECT MATTER YEAR PAGE
ABANDONED PROPERTY
The Diamond Trust Property Limited Vs. Spring Valley Grocers Ltd. 1976 57
Abandoned property - property belonging to Uganda citizens of African origin resident
in Uganda and non Citizen Asians - compensation under Assets of Departed Asians
Decree s.17 (2) not yet paid-whether interests of Uganda Citizen shareholder in the
allocated property terminated.
Abandoned property-real property owned by companies whose shareholders are

Uganda Citizens of African origin and non Citizen Asians - property allocated by
government order-whether property allocated as "abandoned property" or property
belonging to non Citizens Asians."
Ndaula (per power of Attorney for Stanley Kitaka Kisingiri) Vs. Mubiru C.B. & anor 1977 246
Abandoned property - property occupied by a departed Asian on a leasehold basis
is not abandoned property since the African lessor holds his rights to reversion.
Abandoned property - where land belonging to an African proprietor is wrongly

allocated by the Custodian Board on a mistaken belief that it was abandoned
property by virtue of its having been leased to a departed Asian, the African
proprietor has a right of re-entry and to manse profits.
Byekwaso Namwana L.K. & 5 others Vs. The Departed Asians Custodian Board. 1977 252
Abandoned property-rights of the Custodian Board to land occupied by (departed)
Asians under an expired lease - whether allocation of such property is legal.
Abandoned property - where the Custodian Board allocates property which did not
belong to (departed ) Asians, the duty is upon the board to return that land to its
lawful owners.
ABSENT OF CONSENT
Okech David Livingstone Vs. Uganda. 1970 155
Section 83(2) Penal Code-consent of DPP required before prosecution-absence
of consent renders trial a nullity.
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ABUSE OF OFFICE - CRIMINAL LAW
ACQUITTAL - CRIMINAL LAW

Uganda Vs. Musa Mayeku 1970 154
Complainant who was not a prosecutor ordered to pay costs to acquitted
defendant-illegal order-ss.171 and 173 C.P.C.
Uganda Vs. Isaya Wabwire 1970 219

Costs awarded on acquittal -s.171(1)(b) C.P.C.
ADOPTION
In the matter of Adoption of Children Act And In the matter of Shamin
Hassanali Soonasra, In the matter of Adoption of Children Act and
In the matter of Gulum Abbas Hassanali Soonasra. 1972 51
Procedure to be followed in making an application under the Adoption of Children
Act.
In the matter of Juliet Jane Nakazibwe 1973 22

Application of adopt child - child abandoned and nationality of child unknown-
whether adoption permitted under s.4(5) of the Adoption of Children Act.
ADMINISTRATIVE LAW
Bonefance Waibi & anor Vs. East African Railways Corporation 1970 213
Administrative law-judicial review of dismissal from employment-effect of Treaty
for East African Co-operation (Implementation) (Adaptation of Laws) Order 1967.
In the matter of section 34(1)( c) of the Judicature Act 1967 And In matter
of An application for an order of certiorari by Lizinga Growers Co-operative
Society Ltd And In the matter of a Judgment of Chief Magistrate. 1971 160
Application for certiorari-whether grantable in cases where there is no appeal,
Co-operative Societies act (Cap 112) - Time limit for appeal from the Registrar to
a court.
Waibi Bonefance & Anor Vs. East African Railways & Harbours. 1971 49
Dismissal -person by whom dismissed-whether delegation possible under East
African Common Service Commission's Regulations, Regulation 55.
Nsereko John Vs. George W.K. Gitta 1975 152

Customary Law - seduction-suit by parent to recover damages for injured feelings
resulting from pregnancy of daughter and expenses incurred in caring for her and
her child-whether common law tort of seduction was known to customary law-
nature of the tort-whether there was need to prove actual loss of services under
common law - custody - whether parent lost custody if daughter was away from
home temporally -law applicable - duty of court to apply the law-whether court had
duty to apply the law where parties failed to submit on proper law applicable-
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whether there was need to plead and prove the law-administration of common law
and customary law by courts - the judicature Act, 1967 and the Magistrates'
Courts Act -damages - principles applicable for award of damages in seduction.
Nakate Sawuya Vs. Aloyzia Kamenyere 1976 14

Administrative law - local administrations - duties of chiefs - maintenance of order and
good government - duty includes providing security for lives and properties of citizens-
Local Administrations Act, 1967 (Act 18/67), s.40 (8).
Owor Anderea Vs. Attorney General & Ministry of Education 1976 61

Administrative Law - Local Administrations - Liability for torts committed at primary
schools - whether Local Administration liable - Local Administrations Act, s.25(1) and
Local Administrations and Urban Authorities (Abolition of Offices and Vesting of
Powers and Functions) Decree 1974, s.3.
Uganda Consolidated Properties Ltd Vs. Zaman 1982 105

Administrative Law - power of Ministers - directives - where statute confers power on
Minister to issue directives in public interest, directive must be reasonable and must
not be prompted by personal and selfish interests.
Rwakasisi Chris Vs. Attorney General 1985 113

Administrative Law - delegation of powers - specific powers - where specific provision
in law governing delegation of powers s.2(1) of Transfer of Powers Act not applicable
as powers granted thereunder of general nature.
Administrative Law - detention order -legality - court only to determine legality or

illegality of order but not to call evidence to prove whether or not reasons for which
detention order signed valid.
Administrative Law - detention order - malafides - not enough for applicant to state that
order made malafide without more - applicant to give facts to show that his detention
made in bad faith - more fact that applicant served with detention made in bad faith -
more fact that applicant served with tension order after lodging of application for his
release and only a day before application to be disposed of not enough to show bad
faith on part of executive.
Administrative Law - detention order - power to make restriction or detention order -

detention order served upon detainee after 14 days in prison not illegal under s.1(3) of
Public Order & Security Act No.20 of 1967 - sub-section intended to enable police
officers to arrest and detain person with view to serving him with detention order while
investigations carried out.
in the matter of s.33 of the Judicature Act And In the matter of an application
for writ of habeas Corpus ad subjicrendum by R. Buregyeya. 1985 99
Administrative Law - detention order - bonafide intentions - where detention order made
to defect proceedings which inevitably result in order releasing applicant if not return
made order made malafide an therefore invalid.
Administrative Law - detention order - condition precedent - where person arrested

detention order to be served on him within 14 days of his arrest.
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Administrative Law - detention order - information on oath - detention order to be served
with information on oath - absence of such information at time of arrest or within
reasonable time thereafter infringes individual fundamental right under Article 10(2) of
Constitution and order invalid.
Administrative Law - detention order - signatory - either president or Minister authorized

under Public Order & Security Act No. 20 of 1967 to sign after being satisfied on
information on oath.
Administrative Law - detention order - vagueness - where detention order vague not to
be enforced.
Mbabali Daniel Sempa Vs. W.K. Kidza & 4 Others 1985 46

Administrative Law - Kabaka's powers - succession nature of powers - Kabaka final
authority on matters of succession in Buganda and exercising quasi - judicial functions
in confirming heirs and distribution of property on succession.
Administrative Law - Kababa's powers on matters of succession revocation of earlier

decision - where decision changed before issue of certificate of succession Kabaka
not functus officio.
Munira Vs. National Insurance Corporation 1985 110

Administrative Law - tribunals - principals of natural justice - principal of justice "audi
alteram partem" to be observed by both judicial and administrative tribunals - where
decision arrived at in utter disregard of this fundamental principle decision justifiable
by courts - fair hearing means person charged to be given notice of charge and to be
present and defend himself or legally represented.
Omosingoit Oliso J.P.F.X. Vs. Ibunyat Federiko & 2 Others 1985 89

Administrative Law - ultra vires - procedural details - Magistrates Courts Act -
procedural details in schedule 3 do not derogate from objects and general spirit of
Magistrates Courts' Act - amendments made to r.25 of Schedule not ultra vires the
Minister's powers under s.239(1) of Act.
In the matter of s.33 of the Judicature Act 1967 And In the matter of an
application for a writ of habeas Corpus ad Subjiciendum 1986 55
Administrative Law - Detention Order - condition precedent - where any of conditions
precedent not complied with detention order not made in strict compliance with
provisions of Public Order and Security Act No.20 of 1967 and therefore invalid.
Administration Law - Detention Order - service - service of detention order condition

subsequent and not condition precedent so as to invalidate detention order - lack of
service within 14 days curable by subsequent service thereby validating detention
of detainee.
Administrative Law - Public Order and Security Act - purpose - not intended to deal
with ordinary criminal offence subject of criminal proceedings - Act intended to deal
with special kind of person whose conduct or activities dangerous to peace and good
order in Uganda or prejudicial to defence or security of Uganda - where used to
threaten accused into confessing to commission of crime detention order made
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malafide and an illegal exercise of powers.
Mabiiho Jeruline Kabahindi Vs. Mutabazi Selevesta & Others 1988-90 108
Administrative Law - prohibition and certiorari - leave to apply - leave to be granted
where Resistance Committees deprive applicant of opportunity to be heard and violate
provisions of Resistance Committees (Judicial Powers) Statute.
Obwolo Seraphin Vs. Barclays Bank of Uganda Ltd 1992-93 179

Administrative Law - natural justice - a decision arrived at in utter disregard of the
fundamental principle of natural justice is justifiable by court.
In Re an application by Mustafa Ramathan And in the matter of an application

for order of certiorari and for prohibition. 1994-95 91
Administrative Law - application for leave to apply for orders of Certiorari and or
prohibition - application to be made within six months from date of the proceedings.
Administrative Law -prerogative jurisdiction not to be invoked where a statutory remedy

of appeal is available.
Administrative Law-prohibition - writ or prohibition is a preventive and not a corrective

remedy.
Attorney General Vs. Abdul Karim Winyi 1994-95 56

Administrative Law - Game Control - whether the importation of Chimpanzee through
Lia, a non - scheduled entry point was lawful under the Game (Preservation and
Control) Act, Cap.224.
Administrative Law - Estoppel - whether the conduct of Government officials of

allowing importation of Chimpanzees through Lia, a non - scheduled entry point
thereby estopped the Attorney General from complaining of the conduct as being
illegal.
Administrative Law - Game Control - whether the Chimpanzees, were scheduled

animals of which a valid permit was required before importation or exportation.
Burahika R. Vs. Kashangirwe 1996 48

Administrative Law - Natural justice - requirement for parties to be heard - what mode
of hearing required.
ADMINISTRATION OF ESTATES
Clare Rachil Sheja & Ignatius M. Shija Vs. National Grindlays Bank Ltd. 1972 194
Administration of estates-Declaration of Trust-after execution of will leaving all
property to her mother, and purchase of house in her name and with her funds
deceased wrote letter stating husband was to take house by survivorship -
whether sufficient for a declaration of trust and whether since husband and not
contributed to purchase he had right to share in proceeds.
Nkwakwa Vs. Kyomugyemo 1976 291

Administration of Estates (Small Estates) (Special Provisions) Decree-the lodging of
the caveat makes the matters contentious - when the matter becomes contentious
the procedure laid down in Rule 10 (1) of the Administration of Estates (Small
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Estates) (Probate and Administration) Rules must be followed - the contending party
has to file a plaint and then the normal service of the plaint incorporated in the
summons follows - rule 10 (1) is mandatory.
Adupa John Bosco Vs. Jemma K. Adupa 1991 87

Succession - magistrate Grade II - jurisdiction - magistrate Grade II not to sign grant
of letters of administration to an estate above the value of pecuniary jurisdiction.
Administrator General Vs. Otti Joyce Akello 1996 1

Administration of estates - intestate estates - powers of the Administrator General
over intestate estates.
Administration of estates - rights of the Administrator General are not absolute or

exclusive over the next of kin in management of intestate estates.
ADULTERY
Uganda Vs. K. Ayor & A. Acila 1968 47
Section 150A of the Penal Code - man convicted on sole evidence of adulteress-
no corroboration-necessity for careful direction by trial court.
Uganda Vs. Karlo Ndima & anor 1970 187

Adultery-knowledge that woman is married-execution of sentence.
Odere Benjamin Vs. Uganda. 1970 71

Adultery c/s 150A(1) Penal Code - necessity for proving that accused knew that
woman with whom he had intercourse was married.
Uganda Vs. Andrew Kenneth Otema - Opok 1971 218

Adultery contrary to section 150A of the Penal Code-defective particulars -
failure to specify that the woman was a married woman-S.150A(2) of P.C. illegal
order-accused's property ordered to be sold in default of payment of
compensation to the complainant.
Naumann Dieter Vs. Harman Stella Joanita Naumann 1973 144

Petition for divorce by husband -one of the grounds being adultery - failure to
comply with section 6 of the Divorce Act Cap.215-whether grounds open for wife
for divorce are open to husband-husband's failure to allege adultery on part of wife-
respondent.
Uganda Vs. Oceng David 1968 128

Adultery contrary to section 150A(1) of the Penal Code - compensation mandatory -
on first conviction fixed by statute at shs.600/=.
ADVOCATES
In the matter of Stanley Walusimbi Sesanga And The Attorney General 1970 174
Petition by advocate for restoration to the roll filed before commencement of
advocates Act, 1970 - whether Chief Justice still has jurisdiction-transitional
provisions of Act-s.15(1)(e) Interpretation Act.
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Bugerere Tea Estates Ltd, Ramji Punjabhai Vs. Waljee's (Uganda) Ltd. 1968 34
Taxation - bill of costs filed -whether taxing officer has power to allow
deficiency to be made up-Appeal under s.67(1) Advocates' Act-s.100 Civil
Procedure act-power of High Court under that section.
Punjabhai Ramji Vs. Hunter & Greig 1968 67

Ss.63 and 67 Advocates Act-rule 10, Advocates (Remuneration & Taxation)
Rules-whether after bill delivered, a fresh bill can be delivered without the leave
of the Court of the consent of the parties-second bill filed.
Moses Iga & 2 others Vs. Govindji Ravji 1972 160

Whether by failing to renew practising certificate an Advocate lost his right of
audience in the Courts of Uganda-ss.7 and 10 of the Advocates, Act 22 of 1970
and Rule 14 of the Advocates (Enrolment and Certification) Regulations (A.I. 164
of 1971).
Nalugwa S. Vs. Tombooth (U) Ltd 1972 64

Filing a suit in the High Court by advocate without instructions-dismissing
suit under Order No.7 Rule 11 of the Civil Procedure Rules-whether conduct of
advocate proper.
Lukiya Ssonko Vs. Sebalu & Co. 1972 121

Judgment debt-review proceedings - whether debt could be recovered from
advocates before review completed-whether advocates agents of their client -
whether action should be filed against advocates or clients -Dictum on meaning of
non-contentions business.
Moses Iga and 2 others Vs. Govindji Revji 1972 160

Whether by failing to renew practising certificate an Advocate lost his right of
audience in the Courts of Uganda-ss.7 and 10 of the Advocates, Act 22 of 1970
and Rule 14 of the Advocates (Enrolment and Certification) Regulations) (s.I. 164
of 1971).
Principe Carasco Vs. Budaka Ginners Ltd. 1972 101

Application for Advocates' Bill of Costs-s.59(2) of the Advocate's Act, 1970-
whether notice of motion was appropriate to move court-Advocates' Act, s.57(3)
Par.1 of Schedule 3 to the Advocates Act 1970.
Shokatlal Hussein Lalji Vs. Maganlal Parmar & Another 1973 142
Application by notice of motion for an order striking out a plaint as incompetent -
plaint signed by an advocate who had no right of audience before the High Court -
what was a right of audience-s.2 of the Civil Procedure Act-O.6 r.25 of the Civil
Procedure Rules -s.7 of advocates Act, 1970 - Regulation 12 of the Advocates
(Enrolment and certification) Regulations 1971.
Barclays Bank Vs. Muganga Construction Co. Ltd 1975 50

Appeal against an order of a taxing officer -bill of costs -plaintiff/appellant claimed
shs.36,359/50, taxing officer allowed shs.8.307 appeal under s.61 (1) of the
Advocates Act, 1970 rr.3 and 10 (2) of Taxation of costs (Appeals and References)
whether the sum allowed was reasonable of the court.
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Kitto John Chrysastom K. Vs. W.V.K. Chadwick & Nyanza Textiles Ltd 1975 58
Civil Procedure -Civil Appeal-Rules 76 (1) and Rule 4 of Court of Appeal for East
Africa Rules 1972-Procedure for appeal.
Batwala David & Ors Vs. Hassan Kizza 1975 46
Civil Procedure -question to be determined by the court executing decree-inherent
powers of the court-ss.35 and 101 of the Civil Procedure Act-execution of orders
and decrees-when court may stay execution-O.19 rule 23(3)-payment out of court
to decree-holder under Order 19 rule 2 (1) -professional ethics-whether conduct of
an advocates amounted to professional misconduct.
Lubega John Vs. City Council of Kampala 1975 99

Civil Procedure and Company Law-Garnishee Proceedings -execution-execution
order made against garnishee while company (judgment - debtor) in liquidation-
whether order valid-Companies Act, s.228 -stay of execution-time for stay expiring
and no appeal made by garnishee against illegality of execution order-application
made by garnishee over year later to set aside execution order for illegality-
whether the matter was res judicata-whether garnishee had locus standi to make
application-whether advocates who had properly paid over money to client to
complete attachment could be made to refund it.
M/s Lukeera & Company Advocate Kampala And Life Insurance Corp. of India 1978 198
Advocate - Advocates costs - taxation of advocates' costs - advocate entitled to apply
to court for bill of costs to be taxed if person charangeable fails to apply within a month
from date of presentation of bill for payment - s.57 (3) Advocates Act, 1970 -
application to proceed any suit for non-payment.
Advocate - practicing certificate - renewal of practicing certificate - once practicing

certificate expires it must be renewed - practicing without a valid practicing
certificate constitutes - s.14 Advocates Act, 1970 - no fees or costs can be received
in respect of matter handled by advocate without certification - all members of firm
in active practice need valid practicing certificates before handling any matter on
behalf of firm.
Kayizzi Daniel Vs. Bisia Yosia 1979 15

Advocate - duty of advocate - damages - duty of advocate to put before the court
material which would enable it to assess damages failure to do so amounts to
dereliction of duty to court and client.
Mayega Christopher Katamba Vs. Katende Joseph H & Besweri Kiwanuka Lusse 1979 51
Advocate - Practitioner Advocate - advocate with practicing certificate but with right of
audience in Magistrates' Courts - Advocate signed Notice of Motion before High Court-
whether Advocate was competent to sign the Motion.
Babumba Francis & 2 Others Vs. Bunju Erusa 1988-90 119

Advocates - professional conduct - conducting case and appearing as witness -
advocate not to act both as counsel and as witness in same case except in formal or
non - contentious matter.
Semakula Abby Vs. Eldad Rubarenya 1994-95 69

Advocates - effect of an advocate practicing without a valid Practicing Certificate.
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Coffee Marketing Board Ltd Vs. Bukyenkye Coffee Factory (U) Ltd 1996 59
Advocates - advocate signing on court documents without a valid practicing
certificate - documents are null and void.
Olwora Alfred Vs. Uganda Central Cooperative Union Limited. 1997 35
Advocates - practising without a valid Practising Certificate during grace period were
defective.
Advocates - intention of grace period to renew practising certificate - whether advocate

practising without practising certificate can recover his costs in court.
B.M. Technical Services Vs. Francis X Rugunda 1997 75

Advocates - authority of advocate - counsel having general instructions to defend the
suit has apparent authority to compromise all matters connected with the action.
Emomeri Julius Vs. Shell (U) Ltd 1998-200 28

Advocates - professional conduct - advocate practising without practising certificate-
whether court proceedings commenced by Advocate who has no practising certificate
are competent.
Mutungirehi Y. Vs. Rwangwede & Group 1998-200 30

Advocates - professional conduct - advocate practicing without reviewing practicing
certificate - grace period - advocate signing and filing documents during the grace
period - documents competent.
Mutungirehi Y. Vs. Rwangwede & Group 1998-200 34

Advocates - Professional Conduct - advocate practicing without practicing certificate -
whether court proceedings commenced by Advocate who has no practicing certificate
is competent.
Advocates - Professional conduct - advocate practicing under chambers not approved

by the Uganda Law Council - whether proceedings commenced by Chambers not
approved by Law Council competent.
Kassam Mohamed & Sons Ltd Vs. Misaki Nangwomu 1968 9

Rule 42 Advocates' (Remuneration and Taxation of Costs) Rules, 1959 - successful
plaintiff deprived of costs - when costs should follow the event.
AFFIDAVIT
In the matter of Bail Application & in the matter of Jinja Criminal case. 1974 201
Criminal Procedure - Military Police Powers of Arrest Decree -whether period spent
in military Police custody should count as a period of remand-defective affidavit-
whether affidavit containing facts known to applicant but sworn to by his counsel
was defective.
Mudhai George Vs. Ali Mohamed 1975 25

Civil Procedure - affidavits-knowledge and belief.
In the matter of an Application for Management of Estates of Missing Person 1975 204
by Tom Toya
Civil Procedure -objections-management of estate of missing person-procedure for
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opposing memorandum of objection made under the Estate of missing persons
(Management) Decree 20/73) s.5(c ) and (d)-improper to apply by Notice of motion
to strike out memorandum - proper to fix hearing date for objection.
Civil Procedure-Affidavits-Proper affidavit to be shown before commissioner of Oath

and be signed - Affidavit not improper whether deponent fails to distinguish between
matters within his own knowledge and those based on information and belief-any
affidavit attached to Notice of motion must confirm to established practice.
Kikoma Saw Millers Company Ltd And In the matter of Companies Act. 1976 52
Civil Procedure - Affidavits - failure to point out matters within the dependant's belief
and those within his knowledge - whether renders affidavit defective.
AFFILIATION
Waswa Edith Vs. Wasswa L 1972 166
Affiliation - application by wife living separately from husband with some of the
children of marriage for an order against husband for maintenance of children
living with her-application under Affiliation Act (Cap.217)-whether provision of the
Act intended for such a woman and legitimate children.
Kerere Alfred Vs. Uganda 1974 173

Complaint by a mother of a child-against a boy-friend alleged to be the father of the
child -complaint purported to be made under section 85(3) of the Criminal
Procedure Code-section repealed by Decree No.26 of 1971-applicant prosecuted
for failing to maintain a child purported to be his magistrate made interim order
against him-order made without evidence of applicant means of income-whether
procedure and order proper-whether proceedings should not have been under the
affiliation Act, Cap.217.
Ntate George Vs. Cool Nyakapanka 1974 253

Affiliation Act-appeal under section 11of the Act against order for payment of
maintenance at rate of shs.100/- per month per child for 5 children-custody of the
children left to the mother (respondent)-mother made pregnant by appellant while
still at school-whether mother suitable person to have custody of the children as
opposed to the appellant-section 5 & 7 of the Act-whether mother can receive
maintenance when custody is not with her-paramount consideration before court-
the good and welfare of the children-section 5 of the Act-custody of children to
third person-whether putative father exonerated from the maintainance of his
children when custody is not with him-whether maintainance at the rate of
shs.100/- per child per month is excessive -whether costs of shs.600/-in absence
of counsel's representation is excessive.
AGENCY
Ruwenzori Construction Co. Vs. B.K Musenze 1972 118
Agency-notice of revocation of agent's authority.
A. Lugalambi, J. Lutta-Musoke, M.Lugalambi, Y. Lutta-Musoke & Highland

Merchant Co., Vs. The Board of Governors Namilyango College. 1975 321
Agency-Ostensible authority-whether the defendant had put headmaster in the
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position of an agent-whether therefore it was in the apparent scope of the
headmaster's duties to contract as such on behalf to the defendants Board -
estoppel-whether the 'Board" could disclaim the authority to the headmaster to
contract as such.
UCB Vs. William G. Wanendeya, W. Wamboge & Kissessi J. 1976 33

Agency-termination-agent enters into agreement with 3rd party-principal ceases to
operate-whether agency has terminated in respect of transaction entered into during
the operation of principal.
AIDING and ABETTING

Mukasa Joseph Salongo Vs. Uganda. 1970 185
Plea -guilty plea to aiding and abetting where principals plead not guilty-right to
withdraw plea.
ALIBI
Ausi s/o Okuku, Francisco Wandera & Akisoferi Musumba Vs. Uganda. 1968 100
ALIBI-burden of proof - duty of prosecution to destroy alibi of accused.
EVIDENCE-children of tender years-the effect of section 149(3) of the Criminal
Procedure Act and section 11 of the Oaths Act 1963.
Ssentale Y.K. Vs. Uganda. 1968 26

Alibi raised at first opportunity -not checked by police-misdirection on onus -
identification parade necessary but not properly held.
Uganda Vs. Joseph Lukwago 1972 167

Robbery c/ss. 272 and 272(2) of the Penal Code Act-identification - alibi-onus
on prosecution to disprove it.
Lubobi Manuel Vs. Uganda 1973 173

Criminal law-Robbery c/s.272 & 273(1)a of the Penal Code-evidence -failure of
prosecution to call an important witness-alibi-comment by magistrate on accused's
failure to prove it-whether misdirection-duty to consider evidence as a whole-need
for testing witness demeanour against whole evidence.
ANIMAL MANSUETAE NATURE

Personal injuries - customer in bank bitten by guard dog-duty of handler-animal
mansuetae nature.
APPEALS
V.F. Casteline Vs. L. Rodrigues 1972 58
Application for extension of time for filing notice of appeal and record of appeal-
effect of unsigned notice of motion where service accepted-whether application
should be made to High Court or East African Court of Appeal-exercise of
discretion by court-effect of Rule 10A.
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In the matter of an application by Janson Male And in the matter of
Samwiri Mukasa. 1972 74
Application for leave to appeal out of time s.80(1) Civil Procedure Act -ground for
exercise of discretion of court-delay in application.
In the matter of Rev. Fr. Kabande & 5 others And In the matter of
Rev. Fr. D.A. Atim & 5 others. 1972 100
Filing memorandum of appeal out of time-s.16(2) of the Trustees incorporation
Act whether court had inherent power to extend period for filing appeal-application
to declare an order of the court a nullity.
Ezra B. Nyakana Vs. The Commissioner General 1972 139

Application for leave of extend time for appeal against income Tax Assessment-
whether extension should be granted -Income Tax (Appeal to the Uganda High
Court) Rules R.3(1) - illness of one partner where partnership involved.
In the matter of an intended Appeal between Tyres & Tyres and

Commissioner General of Customs & Exercise. 1972 267
Application for leave to file record of appeal out of time affidavit-source of
information not revealed -whether application should be allowed.
In the matter of an Application to file Notice of appeal out of time, And

in the matter of Magistrates' Court of Arua. 1972 110
Appeal - Application for leave to appeal out of time by D.P.P. provisional
memorandum of appeal.
Ofwono Yokonia Vs. Leya Akongo 1972 155

Appeal to Chief Magistrate-whether appeal incompetent from judgment of
Magistrate Grade II on the ground that formal decree had not been drawn up-
Magistrates' Courts act 1964 s.32 and s.28 - Civil Procedure Act s.2 meaning
of decree-East Africa Order in Council 1902 - technicality of procedure.
Dairy Industry Corporation Vs. Mohamed Lukwago 1972 116

Defective Memorandum of Appeal - O.39 r.1(2) of the Civil Procedure Rules -
whether appeal should be struck out or whether inherent powers of court to allow
amendment.
Mukibi Yosefu Vs. Akaya Kizito 1972 177

False imprisonment - whether appeal from order or decree -s.232(1) (a) of the
Magistrates' Courts Act, 1970-Definition of "Decree" in s.2 of the Civil Procedure
Act - O.18 r.6 of the Civil Procedure Rules.
Uganda Vs. Polasi J. Kasumba 1970 117

Attempted theft of a motor vehicle - abandoned appeal under s.328A(3) of the
C.P.C - revision by High Court on perusal of monthly returns-illegal sentence in
excess of the offence charged.
Bahadurali Shivji Vs. Uganda. 1970 217

Appeal heard but adjoined for judgment -file lost by court before judgment
written-order for re-hearing of appeal.
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Arajabu Jongo Vs. Uganda. 1970 218
Appeal - loss of record-retrial ordered.
Ganatra Purshottam Jiwa Vs. Uganda. 1968 109

Sections 252 and 258 Penal Code. Theft by servant Sections 330 and 326
Penal Code. Uttering false document. Section 331(1) Criminal Procedure Act.
Sections 136(c ) (v) Criminal Procedure Act.
PROOF - CRIMINAL CASE-whether Appellate Court concerned with "weight of

evidence" or "burden of proof/reasonable doubt"-Formula for ground of appeal
seeking to attack the facts accepted and acted upon by Trial Court-whether
necessary to specify particular items or exact amounts in respect of each
particular offence alleged to have been committed - whether necessary for
specific finding than case proved "beyond reasonable doubt".
Katende Eria Vs. Uganda 1972 42

Shop-breaking and theft c/s 283(a) and 252 of the Penal Code -dismissal of
appeal by Chief Magistrate.
Uganda Vs. Leonard Kaya Okumu 1972 110

Appeal-Application for leave to appeal out of time by D.P.P. - Provisional
memorandum of appeal.
Nakumusana Christopher Vs. Attorney General 1973 171

Personal injury suit-appeal against quantum of damages awarded-principles
governing review of award made by a trial judge.
Commissioner Gen. of Customs & Exercise, E. A Vs. Home Garments Ltd 1973 125
Application by notice of motion for leave to appeal against a ruling of the High
Court - Rule 42(2) of the Court of Appeal Rules 1972-whether appeal could be
heard by one judge-s.5 of the Court of Appeal for Eastern Africa Act Cap.5-
Rule 52(1) of the East African Court of Appeal Rules 1952-time within which
application had to be made-Rule 39(b) of the Rules-suit already dismissed by
court-whether application was proper procedure in circumstances.
Uganda Vs. Leonard Kaya Okumu 1973 37

Appeal-no notice of appeal filed -whether memorandum of appeal sufficient -
section 326 of the C.P.C.
Tyres & Tyres Vs. Commissioner General of Customs & Exercise 1973 50
Preliminary objection by respondent-notice of appeal and record of appeal not
served on respondent-whether appeal competent.
V.F. Castelino Vs. Leo Rodrigues 1973 27

Application by notice of motion for leave to defend in suit under O.33-grounds of
notice annexed thereto-whether notice in proper form-whether appellant might file
a supplementary record of appeal-use of English procedural forms-strictness of
procedure.
Page 13
Kasoro Joseph Vs. Uganda 1973 36
Appeal -conviction on plea of guilty-whether accused has right to appeal where
plea was equivocal -section 216(3) of the Magistrates' Courts Act.
Ndyanabassi Nelly & anor Vs. Uganda 1973 99

Appeal against magistrate's ruling of case to answer-whether evidence sufficient
to support magistrate's finding.
Uganda Vs. Inyansio Lule 1973 93

Appeal from an interlocutory order-whether appeal competent-absence of
statutory provision.
Uganda Vs. Charles Ronald Okot 1973 127

Appeal by D.P.P. against acquittal-prosecutor's application for adjournment
refused-prosecutor's statement that he "was not offering any evidence" as
his witnesses were not present-acquittal by trial magistrate c/s.125 of the M.C.A
whether acquittal erroneous in law.
Nzamuita Petero Vs. Uganda 1973 130

Criminal law-conviction by Magistrate Grade II - application by D.P.P. for
sentence of preventive detention-committal for sentence to Chief Magistrate-age
of accused not established-propriety of sentence of preventive detention-appeal
against conviction and sentence to the High Court-whether appeal competent.
Uganda Vs. Saulo Mukhikori 1973 35

Appeal-accused tried and convicted by Magistrate Grade II but committed to and
sentenced by Chief Magistrates -whether accused had a right of appeal to the
High Court - section 216(1) & 2 of the Magistrates' Courts Act-section 160(1) of
the Magistrates' Courts Act.
Uganda Vs. Zubairi Sentongo & anor 1973 149

Criminal law-murder-application for bail u/s 74A of the Magistrates' Courts Act-
dismissal of application -appeal to the High Court-bail granted by the High Court-
whether the state had "right of appeal from the order of the High Court granting
bail".
Rev. Fr. Obadia Kabande & 5 others Vs. Rev. Fr. Atim & 5 ors 1973 100
Filing memorandum of appeal out of time-s.16(2) of the Trustees Incorporation Act
whether court had inherent power to extend period for filing appeal - application to
declare an order of the court a nullity.
Hassan Yusufu Vs. Uganda 1974 223

Appeal-appeal from an interlocutory ruling of the Chief Magistrate made before
completion of the case-whether appeal could be allowed.
Serwanga Yeseri Vs. Antonio Golooba & anor 1974 233

Civil Appeal under s.232(1) (a) of the Magistrates' Courts Act, 1970-the procedure
to be followed on a submission of no case to answer in Civil Cases -whether the
procedure is the same or different from Criminal cases-order xvi Rule 2 of the
Page 14
Civil Procedure Rules and s.125 of the Magistrates' Courts Act, 1970-the standard
of proof in Civil Cases.
Wekesa Erukana Vs. Lasto Mandu 1974 208

Civil Procedure-appeals u/s 232 (2) M.C.A., 1970-infringment of r.23 of the Civil
Procedure Rules in schedule 3 of M.C.A.-Magistrate Grade II hearing the appeal
acted as a court of first instance-whether subsequent judgments null and void.
Lulenti Buluma & Anor Vs. Erenesti Mbirika 1975 41

Appeal -Civil appeal s.232(3) of the Magistrates' Courts act, 1970 -interpretation
of s.232 (3) of the M.C.A. - land law-customary land tenure-encroachment on land-
witnesses-the demeanor and the evaluation of the credibility of witnesses-burden
of proof in civil cases-joinder of parties.

Kitto John Chrysastom K. Vs. W.V.K. Chadwick & Nyanza Textiles Ltd 1975 58
Civil Procedure -Civil Appeal-Rules 76 (1) and Rule 4 of Court of Appeal for East
Africa Rules 1972-Procedure for appeal.
Tibaijuka John Vs. Nyansio Mutungi & Others 1975 37

Civil Procedure -2nd appeal-section 232(3) of the M.C.A.-procedure for inspection
at locus quo-procedure before Grade II and III Magistrates-witnesses examined in
open court-section 165 of Evidence Act explained-O.16 r.24 of the Civil Procedure
Rules for Magistrates Grade II and III in Schedule 3 of the M.C.A., 1970 had same
effect as O.16 r.4 of the Civil Procedure Rules-order for retrial at a much delayed
stage not in the interest of justice-indiscriminate application of common law
principles not advisable to customary land disputes-allocation lf land during
Rwenzururu movement illegal -gross misdirection's committed by the court below,
substantial as to amount to an error in law.
Beja Erunsani Vs. Ipito Awene Ipiro Gweno Society 1975 189
Civil Procedure-civil appeal O.16 r.1 and 2, right to begin.
Muciri Richard Vs. Wilson Mwangi 1975 203

Civil Procedure-Appeals - Witnesses-calling of witnesses by appellant - No right
guaranteed by law to call witnesses at appellate stage.
Kamabati Mary Vs. Uganda - fundamental rights - joinder of persons 1975 209
Criminal Law-fundamental rights -right of accused to be defended by counsel - not
a legal requirement but a constitutional right to employ counsel of one's choice-
where such right denied conviction to be quashed on appeal - no claim that right
denied if its fault of accused or counsel.
Criminal Procedure-defence-duty of accused-accused to inform court if represented

by counsel and seek adjournment if counsel absent - accused's duty to inform
counsel of hearing date.
Page 15
Criminal Procedure - appeals -first appellant court to consider conflicting evidence
and draw own inferences - allowance to be given for not having seen or heard
witnesses.
Komunda P. & 2 Others Vs. A. Katuramu 1994-95 85

Appeals - appeal out of time - sufficient cause must be shown if leave to appeal out
of time is to be granted.
Shimanya Martin Vs. Uganda 1994-95 12

Appeals - application for extension of time within which to lodge notice of appeal -
sufficient cause must be proved before such extension is granted.
Uganda Vs. Malaba Yakobo & 5 Others 1994-95 13

Criminal Appeals - retrial - whether loss of the original file can be a ground to order a
retrial.
Nabongo Silvano Vs. Tibiasa Mukeba 1994-95 66

Appeals - second appeal - duty of the appellate Court on second duty to consider
relevant facts to be able to determine points of law on second appeal.
Bogere Moses & Kamba Robert Vs. Uganda 1996 5

Appeals - second appellate court can re-evaluate the evidence once it is clear that the
first appellate court failed to properly re-evaluate the evidence.
Kariisa Yahaya Vs. Attorney General & M.K. Radia 1997 29

Appeals - discretion of a trial court to refuse adjournment - whether an appellate court
can interfere with the trial court's exercise of discretion - meaning of 'discretion'.
Kanabo Sarah Vs. The Editor in Chief Ngabo Newspaper & 3 Others 1997 27
Appeals - damages - when appellate court may interfere with award of damages -
whether general damages for defamation to be assessed solely on basis of plaintiff
social status.
Standard Chartered Bank (U) Ltd Vs. Grand Imperial Hotel (U) Ltd 1997 50
Civil Procedure - Appeals - objections to competence of an appeal - only taken at the
hearing of the appeal with leave of court.
Civil Procedure - Appeals - record of appeal - decree or order no longer an essential

document in a record of appeal except under certain circumstances.
Ogoal Akisoferi M. Vs. Akika Othieno & Another 1997 53

Civil Procedure - appeals - duty of a first appellate court to carefully scrutinize the
record of the lower court.
Dr. Bwogi Kanyerezi Vs. The Management Committee of Rubaga Girls School 1998-200 25
Appeal - application to strike out notice of appeal and appeal on grounds of non service
of notice of appeal within prescribed time - Rules 77(1) of the Court of Appeal Rules
Directions, 1996.
Page 16
Robbert Coussens Vs. Attorney General 1998-200 26
Appeals - court of appeal - powers of appellate court to interfere with an award of the
trial court on general damages - principles to be considered.
SGT Kalemera Frank Vs. Uganda 1998-200 5

Appeals - to Supreme Court - only lies from decision of Court of Appeal.
Emomeri Julius Vs. Shell (U) Ltd 1998-200 28
Appeals - Applications for leave to adduce additional evidence - principles upon which
the Court of Appeal may admit additional evidence reference from a decision of a
single justice of the Court of Appeal dismissing an application.
G.M. Combained (U) Ltd Vs. A.K. Detergents & 4 Others 1998-200 20
Appeals - Supreme Court - practice - security for costs - further application for security
for costs - application brought under r.100(3) of the Supreme court Rules - whether
proper procedure is under s.404 of the Companies Act, Cap.88 - whether application
properly before the court.
Appeals - Supreme Court - practice - application for further security for costs - when
court may order further security for costs - considerations to be taken into account
before making order for further security for costs.
Appeals - Supreme Court - practice - application for further security for costs - whether
proper if called before a single justice of appeal being one of the full Coram hearing
the main appeal.
Mutungirehi Y. Vs. Rwangwade & Group 1998-200 30

Appeals - Court of Appeal - practice - application for extension of time within which
to file an appeal - party who has filed notice of appeal applying for extension of time
within which to file an appeal - application incompetent unless notice of appeal filed
or leave to extend time to file appeal first sought and obtained - Court of Appeal Rules
Directions, 1996.
Adura Omuto Ltd Vs. Henry Nyombi 1998-200 31

Appeals - Court of Appeal - practice - extension of time within which to file an appeal-
when time can be extended.
Appeals - Court of Appeal - practice - extension of time to file a Notice of Appeal -

"sufficient reason"-meaning of - what amounts to "sufficient reason" upon which time
can be extended under r.4 of the Court of Appeal Rules Directions, 1996.
East African Steel Corporation Ltd Vs. Statewide Insurance Co. Ltd 1998-200 33
Appeals - Court of Appeal - practice - application for striking out Notice of Appeal -
when court may strike out notice of appeal for delay on filing an appeal.
Appeals - Court of Appeal -application court's powers to order a retrial or reconstruction

of the file record by the trial court.
Kinyera Emily Vs. Eria G. Mugisha 1998-200 36

Appeals - Court of Appeal - Application for extension of time within which to file and
lodge and serve notice of appeal - Considerations for allowing extension.
Page 17
Sewan Sigh Bahra Vs. Halling Manzoor 1998-200 37
Appeals - Court of Appeal - practice - requirement for service Notice of Appeal within
14 days an essential requirement - application to strike out appeal filed on the basis
of notice of appeal filed out of time - oral applications to extend time within which to
file Notice of appeal - court of appeal Rules Direction - Rules 4 and 77.
Semanda Francis Vs. Jesca Lubega & Anor 1998-200 38

Appeals - Court of Appeal - practice - application for extension of time within which to
file record of appeal - omission by counsel to file and serve written request for record
of proceedings - negligence of counsel not to be visited on innocent client.
Appeals - Court of Appeal - practice - application for extension of time within which to
file record of proceedings - factors to be considered - decision to allow or not to allow
to depend on the facts of each particular case - Rules 4 of the Court of Appeal Rules
Directions, 1996.
The Management Committee - Rubaga Girls School Vs. Dr. Bwogi Kanyerezi 1998-200 40
Appeals - court of appeal - application for extension of time within which to serve
Notice of Appeal - factors to be considered in allowing or disallowing application -
Good cause for the Delay - what amounts to Good cause - court of Appeal Rules
Directions (1996), rr 4 and 77(1).
Appeals - Court of Appeal - practice - applications for extension of time affidavit in

reply - omission by respondent to file affidavit in reply - burden upon application to-
make his case.
M.N. Minga & 3 Others Vs. Sensarire & 4 Others 1998-200 42

Appeals - Court of Appeal - practice - application for stay of execution and demolition
of buildings overtaken by events - informal application to amend application to change
it into application for injunction - powers of the court to entertain such application -
Rule 1 (3) of the Court of Appeal Rules Directions, 1996.
Appeals - Court of Appeal - Practice - inherent powers of the court to make orders
to make ends of justice meet - powers of the court to make orders for stay of
execution and injunction - Rules 5 (2) of the Court of Appeal Rules Directions, 1996.
Uganda Corporation Creameries Ltd & Anor Vs. Reamation Ltd. 1998-200 44
Appeals - Court of Appeal - practice - jurisdiction - jurisdiction of the Court of Appeal
to enforce and issue execution process in respect of its orders - Court of Appeal
clothed with powers to execute its orders by s.47 of The Judicature Statute, 1996.
Westmont Land (Asia) BHD Vs. The Attorney General 1998-200 46

Appeals - Court of Appeal - Practice - applications by notice of motion - requirement
for notice of motion to conform with Form A to the 1st Schedule of the Court of
Appeal Rules Directions (Rules 42(2) - Non compliance thereof - Rule not Mandatory-
non - compliance with the prescribed forms 1 "non-substantial" respects not vitiate
application.
Appeals - Court of Appeal - practice - affidavit in Rejoinder - no requirement to seek

leave of court or consent of opposite counsel before filing an affidavit in rejoinder.
Page 18
Civil Procedure - appeal - parties on appeal - Minister of Mineral and Water Resources- 1968 20
whether proper party on appeal from Trustees Incorporation Act case - substitution
of other party on appeal - whether to be permitted.
Civil Procedure - appeal - "provisional" memorandum of appeal - whether possible -

timeliness - calculation of 30 days period - magistrate's delay in providing copy of
decree - extension of time for good cause.
Mukasa Isaya Vs. Ocholi Yakobo 1968 32

S.32 Magistrates' Courts Act - appeal to Chief Magistrate - whether competent in
absence of extraction of formal decree.
Criminal Procedure - appeal - copies of proceedings below - Magistrate's duty to 1968 16

ensure copy is accurate and complete.
Kasita Ahamada Vs. Uganda 1968 48

Appeal - record of evidence lost - judgment clear and facts conviction can be upheld
under s.347of the Criminal Procedure Code.
Sekaddu Asanansio Vs. Musa Ssebadduka 1968 52

Claim for damages for false imprisonment in Principal Court - Appeal to High Court -
s.38(8) of the Magistrates' Court Act (as amended) - jurisdiction of principal Court to
entertain claim and of High Court to hear appeal.
High Court - appellate jurisdiction - second appeal - whether confined to matters of law. 1968 100
APPEARANCE
Korutaro K. Vs. W. Mukaira 1975 216
Civil Procedure-appearance-Affidavit of service-plaintiff proceeding upon default of
entry of appearance to file affidavit of service of summons - if found liquidated
jurisdiction given subject to complying with above procedure-Civil Procedure Rules
O.9 rr.3 and 4 -where above procedure not followed plaintiff to set down case for
hearing exparte under s.9 r.8A.
Civil Procedure-Jurisdiction - Magistrates Court-civil jurisdiction of Grade II

Magistrate in civil customary law cases unlimited-transfer of cases between
magistrates vested into Chief Magistrates alone.
APPLICATION FOR EXTENSION OF TIME

Kasozi Susani Vs. Kalisizo Coffee Factory & Six others 1972 196
Application for extension of time for filing the record of appeal - Rule 9(1)(3) of the
Eastern African Court of Appeal Rules 1954.
Castelino V.F. Vs. L. Rodrigues 1972 58

Application for extension of time for filing notice of appeal and record of appeal-
effect of unsigned notice of motion where service accepted-whether application
should be made to High Court or East African Courts of Appeal-exercise of
discretion by court -effect of Rule 10A.
Page 19
Kasozi Susani Vs. Kalisizo Coffee Factory & Six others 1972 196
Application for extension of time for filing the record of appeal-Rule 9(1)(3) of the
Eastern Africa Court of Appeal Rules Act.
Nyakana Ezra B. Vs. The Commissioner General 1972 139

Application for leave to extend time for appeal against income Tax assessment-
whether extension should be granted-income Tax (Appeal to the Uganda High
Court) Rules r.3(3) -illness of one partner where partnership involved.
APPLICATION FOR STAY OF EXECUTION

Nanzala Maltilda Vs. Joseph Mukasa 1972 91
Application for stay of execution-power of court to stay execution under
provisions of O.18 r.11; O.19 r.26 and O.39 rr.4 and 7-inherent powers of the
court to stay execution-special circumstances -whether action for indemnity
constituted special circumstances.
APPLICATION FOR WRIT OF MANDUMAS

Jayantilal S. Shah Vs. Attorney General of the Republic of Uganda. 1970 53
Articles 8 of the Constitution-protection from deprivation or property without
compensation-whether the Local Administrations (Amendment) (No.2) Act, 1969
ultra vires the Constitution.
APPROVED SCHOOL ACT

Uganda Vs. Babudiel Zabandula 1970 116
Order committing accused to Approved School-prerequisite for making order-
Approved Schools Act - Reformatory School order-pre-requisite for making order.
ARBITRATION
Masaka Dist. Growers Co-op Union Ltd Vs. Mumpiwakom Growers Co-op.
Society Union Ltd. 1968 35
Prohibition-Arbitration under s.68 Co-operative Social Act-discretion of Court-
appeal not filed under s.69.
A.N. Roussos Ltd Vs. C.J. Valentine & Co. Ltd & C.J.Valentine (U) Ltd. 1968 37
Application to set aside award of arbitration-S.12 Arbitration act-O.43, R.15-
whether arbitrator misconducted himself.
Sebuguluse George & Cook Semugabu Vs. National Insurance Corporation 1972 234
Insurance claim-arbitration -stay of suit.
In the matter of J.J. Kamulegeya and Anor 1974 299

Civil Procedure-application for review of ruling -Land law - Lease-appointment of
arbitrator-arbitrator objected to by respondent as incompetent-objection overruled-
notice of motion-Civil Procedure Rules, O.42 rr.1 & 2- proper heading.
Uganda Electricity Board Vs. Uganda Electricity Board Workers Union 1974 9
Industrial Court award - application under s.34(1) of the Judicature Act fro an order
of certiorari to quash an award on basis that it was illegal under s.13(4) of the
Page 20
Electricity Act Cap.135-whether writ of certiorari or mandamus applicable-
whether award should be submitted for interpretation under s.11(1) of the Trades
Disputes (Arbitration and Settlement) Act Cap. 200.
In the matter of John Johnson Kamulegeya And Erukana Kuwe 1975 97

Civil Procedure-notice of motion for enlargement of time-procedure for review -
section 101 of C.P.C., inherent jurisdiction - Arbitration -objections to award
Rule 7 of the Arbitration Rules.
Kakungulu Eng. & Construction Co. Ltd And National Insurance Corporation 1975 166
Arbitration - removal of arbitrator and setting aside award - procedure to be followed in
making allegation of misconduct against him - Arbitration Rules, r. 10-failure to
arbitrator to give notice of hearing date to one of the parties and proceeding ex-parte-
whether court will set aside award - whether amounts to misconduct of arbitrator-
Arbitration Act, s.14.
Savietsky Yuri Vs. East African General Insurance Ltd 1980 71

Arbitration - application for appointment of an arbitration u/s. 6 of the Arbitration Act -
whether can be brought before the Court either by motion under O.48 r.1 of the Civil
Procedure Rules or by Chamber summons under the Arbitration Act s.6 and rr.1 and
16 of the Arbitration Rules.
Farm Land Industries Ltd Vs. Globe Exports Limited. 1991 77

Arbitration - duty of court - duty of court in arbitration proceedings is to carry out the
parties' intention.
Farmland Industries Ltd Vs. Globe Exports Ltd 1992-93 197

Arbitration -negotiation - condition precedent - contract proving for amicable negotiation
before arbitration - meaning of negotiation - whether condition complied with.
Total (Uganda) Ltd Vs. Buramba General Agencies 1997 84

Arbitration - arbitration awards - when can courts interfere with the award.
Arbitration - arbitration liable for acting without partiality if he acts dishonestly, in bad
faith or with fraud.
ARREST
Arrests - evidence of police investigating officer and arrest is essential but not fatal to
the conviction of an accused.
ARMED FORCES
Uganda Vs. Zakaria Koma 1975 105
Criminal Law-charge of unlawful possession of Government stores s.300(2) of the
Penal Code-whether particulars disclose offence-charge of being in possession of
property suspected of having been stolen or unlawfully obtained s.299 (1) of the
Penal Code-plea of guilty to theft-whether it was a plea of guilty to a charge of
being in possession of property reasonably suspected of having been stolen or
unlawfully obtained -s.20(1) of the Criminal Procedure Code-search of person by
Page 21
army personnel-whether personnel were police officers under s.20(1) of the
Criminal Procedure Code-ss.2(2) and 6 of the Armed Forces (Powers of Arrest)
Decree-whether power was conferred on army personnel to stop and search the
accused.
Opolot+B4365 Shabane Vs. Attorney General+B4452 1968 64

Action for declaration by dismissed army officer.
ASSAULT
George William Mboya Vs. Attorney General 1972 129
Assault - personal injuries-whether exemplary damages should be awarded -
assessment of general damages-injury to arm.
Duka Charles Vs. Mubende District Administration 1972 131

Assault by teacher-injury to eye -conflict of medical evidence by two doctors-
assessment of general damages.
Uganda Vs. Zizinga Paulo 1970 169

Assault-plea that accused was acting in self-defense wrongly accepted as plea
of guilty.
Uganda Vs. Yozefu Ogwal 1970 209

Assaulting a Chief -s.230(e) of the Penal Code.
Uganda Vs. Yowabu Balikangira 1970 210

Charge of indecent assault upon a female c/s 122(1) of the Penal Code-
reconciliation under s.177 C.P.C. - whether applicable for felony.
Uganda Vs. C. Olary 1972 55

Assault causing actual bodily harm c/s. 228 of the Penal Code-whether un-
equivocal plea of guilty harm under s.4 of the Penal Code - excessive default
sentence, s.192(d) of the Magistrates' Courts Act.
Nakawuma Felisita & 2 others Vs. Uganda. 1972 47

Demanding money with menaces with intent to steal c/s. 279 of the Penal Code-
assault occasioning actual bodily harm c/s.228 of the Penal Code-elements of
demanding with menaces - what constituted menaces - proof of custom-
classification of harm by medical assistant-whether acceptable as expert
evidence.
Uganda Vs. Kayingi Deograsiya & 4 others 1972 169

Murder c/s. 183 of Penal Code Act-fatal blow-common intention - assault
occasioning actual bodily harm c/s. 228 of Penal Code.
Uganda Vs. Leo Mubyazita & 2 others 1972 170

Murder c/s. 183 of Penal Code Act-circumstantial evidence-common intention-
fatal blow-minor cognate offence-assault occasioning actual bodily harm c/s.228
of Penal Code.
Uganda Vs. Rozina Achen 1972 113
Page 22
Charge-accused charged in the same count with assaulting two different person-
whether defect incurable.
Magero Alozio & anor Vs. Attorney General 1973 209

False arrest & imprisonment -stolen car left outside house of plaintiff -whether
arrest justified-Criminal Procedure Code ss.23(a) & (k) and s.30-assessment of
general damages.
Arajabu Mafwabi & 5 others Vs. Bugisu District Administration 1975 51

Tort-unlawful arrest and false imprisonment -assault powers of arrest by Gombolola
Chief under section 40 of the Local Administration Act, 1967-whether arrest and
detention by the Chief were illegal under the circumstances-assessment of
damages-definition of unlawful assembly ss.61 and 62 of the Penal Code-definition
of cognisable offence s.2 of the Criminal Procedure Code.
Opiyo Wilson Vs. Oywelo Vitorino 1975 188

Assault-criminal and tortuous assault - damages for injuries sustained during
assault-miscarriage of justice resulting from trial magistrate being related to one of
the parties.
Kirabira Godfrey Vs. Attorney General 1975 199

Tort-unlawful arrest-false imprisonment - assault-malicious prosecution-by the
police - assessment of damages-Criminal Prosecution-unlawful imprisonment s.30
of the Criminal Procedure Code.
Uganda Vs. Rukandema 1975 361
Uganda Vs. Olwit s/o Abura & Anor 1975 361
ASSETS OF DEPARTED ASIANS

In the Matter of Nakivubo Chemists (U) Ltd And In the Matter of Companies Act 1977 312
Assets of Departed Asians - power of allocation of assets vested in Departed Asians
Property Custodian Board - allocation to joint applicants can be on unequal basis-
Assets of Departed Asians Decree 27 of 1973 s. 16 (1).
ATTEMPT
Gwayambadde Gerald Vs. Uganda. 1970 156
Defilement c/s 123(1) Penal Code -medical evidence of penetration unsatisfactory
conviction for attempted defilement substituted.
Kasule Stephen Kawoya Vs. Uganda. 1970 170

Attempt to steal car-accused found in car previously secured whether his
conduct sufficiently proximate to constitute an attempt to steal.
Uganda Vs. Polasi J. Kasumba 1970 117

Attempt theft of a motor vehicle-abandoned appeal under s.328A(3) of the C.P.C.-
revision by High Court on perusal of monthly returns - illegal sentence in excess of
Page 23
the offence.
Lwanyaga A. Haji & 2 others Vs. Uganda 1971 317

Attempts -when act constituted an attempt to commit an offence-s.369 of the
Penal Code.
BAIL
Miscellaneous Criminal Application 78/68 1968 118
Bail-granted by Grade 1 Magistrate-cancelled by Chief Magistrate-jurisdiction-
reasons-Amount of Bail-amount in relation to seriousness of offence.
Musoke William Vs. Uganda 1968 2
Forfeiture of bail - whether justified.
Uganda Vs. Disan Kabogoza 1970 130

Bail-robbery with aggravation-considerations.
Nsereko Henry Vs. Uganda. 1970 186

Application for bail-unreasonable delay-investigations "almost" completed.
Musoke Stephen Vs. Uganda 1971 285

Bail-accused charged under s.273(2) of the Penal Code - accused on remand for
6 months.
Uganda Vs. Leonadi Sendawula & others 1971 292

Bail-cancellation of - circumstances justifying cancellation.
Sembabulide John & 11 others Vs. Uganda 1971 314

Bail-considerations for granting in Murder cases. Criminal Procedure Code
Cap.107 extent of repeal by Trial on Indictments Decree.
Namuyimba Musa Vs. Uganda 1971 3

Bail-murder charge - insufficient grounds put forward.
Nakuye Margaret Vs. Uganda 1971 148

Bail-murder charge-special circumstances.
Matari Y.R. & anor Vs. Uganda 1971 74

Bail-pending appeal-factors to be considered on application for.
Lugeba Samuel & others Vs. Uganda. 1971 208

Bail-requirement of special circumstances-not required under S.272 and 273(1)
(a) of the Penal Code-the accused kept on remand for long time.
Kulanima Morrison Mayanja Vs. Uganda 1971 210

Bail pending trial on a charge of murder contrary to section 183 of the Penal
Code - requirement of "special circumstances".
Kabenge Christopher Vs. Uganda 1972 1

Bail pending determination of an appeal, s.217(1) of M.C.A.-commencement of
an appeal, s.326 of M.C.A.
Page 24
Mukiibi Fenekansi Vs. Uganda 1972 51
Breaking and entering a garage c/s.284 of the Penal Code-equivocal plea of
guilty-s.122 of the Magistrates' Courts Act, 1970 - Bail pending appeal-s.216 of
the Magistrates' Courts Act.
Uganda Vs. J.K. Kanamwagi 1972 54

Obtaining money by false pretences c/s.289 of the Penal Code -granting of bail.
Othieno Bonifansio Vs. Uganda 1972 56

Bail pending trial on a charge of murder -provisions laid down in s.123 of the
Criminal Procedure Code.
Matiya Sengendo & 12 Others Vs. Uganda 1972 82

Application for bail pending trial for murder - High Court power to grant bail under
s.74(2) (b) and s.14 of Decree 26 of 1971 - provision for trial within a reasonable
time under Article 10 of the Constitution.
Kiwala Sulaimani & anor Vs. Uganda. 1973 83

Application for release on bail pending trial for murder delay of trial for 1 year
and 2 months.
Obia Nathan Vs. Uganda 1973 14

Bail pending appeal-probability of success of appeal.
P.J. Katecha Vs. Uganda 1973 106

Application for bail pending appeal-whether overwhelming probability that appeal
would succeed-whether delay in hearing appeal would be good ground for bail-
whether bail should be granted since accused willing to deposit passport and
report regularly to the police-whether accused should be granted bail since he was
convicted of non-violent offence.
Kabakerehe Bernard Elly & Others Vs. Uganda 1975 80

Criminal Procedure -bail -release on bail-refusal of application -whether where
Chief Magistrate had refused bail, the same Chief Magistrate or even another
Chief Magistrate in same magisterial area could direct release of accused on
subsequent application-meaning of "(other than a Chief Magistrate)" s.74 (2) (a)
of the Magistrates' Courts Act, 1970-meaning of "at any stage in the proceedings"
s.74(1) M.C.A.-appeal to the High Court s.75 (3) M.C.A.
Senyonga Emmanuel & Anor Vs. Uganda 1975 149

Criminal Law and Procedure -accused charged with murder-remanded for 575 days
s.74A(1) (a) M.C.A. 1970 -duty or Court-provisions of Trial on Indictments Decree
1971-whether applicable to magistrates' court.
Uganda Vs. Haji Abas Mugerwa & Abdul Gami Moheedin 1975 219
Criminal Procedure -Bail - Factors to be considered - Magistrates' Courts Act, 1970,
s.75(2) to be taken into account-duty of court to cause accused likely to abscond
to be arrested and committed to prison or take further recognisance.
Criminal Procedure - sureties - duties of sureties- duty of surety to secure
Page 25
attendance of accused in court and to report matter if accused about to leave
jurisdiction of court-forfeiture of recognisance where no good cause shown where
accused's attendance not secured.
Kateteya Mabel Mugoha Vs. Samwiri Rukloza 1975 386

Bailment - bailor and bailee relationship - termination of bailment.
Kanabi Haruna Vs. Uganda 1994-95 45

Bail - bail application - test to be considered when granting bail.
Bail - sureties - must always be substantial.
BANKING
Mbarara Coffee Curing Works Vs. Grindlays Bank (U) Ltd 1976 175
Banking - customer's duty to combine Bank statement issued by his bank - Bank
entitled to take the Bank statement as correct if no complaint is made by customer
in time-loan account and current account - whether bank can combine the two
accounts.
Byaruhanga Byabasajja Serwano Vs. Barclays Bank of Uganda Ltd. 1978 150
Banking - Bankers' duties to customer - duty not to misinform customer of the state
of customers account - customer's account mistakenly credited by the Bank through
the fraud of Bank's employee - customer aware of the mistake and fraud but continued
to withdraw the forms fraudulently and mistakenly credited to his account the Bank
not estopped, from recovering those sums withdrawn.
Banking - Banker's general lien on all securities deposited with them - securities
deposited to secure a loan and no specific contract governing the deposit - loan
repaid but customer's current account overdrawn - Bank entitled to retain the
securities till the overdraft is paid.
Makerere University Kampala Vs. Uganda Commercial Bank 1978 286

Banking - letters of credit - a letter of credit is an undertaking by a banker to meet
drafts drawn on him in accordance therewith - payment by letter of credit does not
exclude other modes of payment such as by draft.
Banking - negligence - omitting to incorporate customer's specific instructions in the

letter of credit amounts to gross negligence and a breach of the banker's duty to act
diligently.
Banking - uniform customs and practice for Documentary Credits Rules - bankers deal
in documents and not goods - but where instructions as to credit are given by
customer and the banker accepts them, then if inconsistent with the uniform
customs, the latter must give way - such instructions also bind any intermediary
unless he choose not to act thereon.
Sentamu Frederick Vs. Uganda Commercial Bank & Anor 1983 59

Banking - bank & customer relationship - customer's accounts - closure - bank not to
close customer's account without due notice - bank to provide sufficient time for
presentation of outstanding cheques - insufficient to ask customer to transfer credit
balance to another bank and undertake to refer cheques to that bank because that
Page 26
involves technical dishonour.
Uganda Commercial Bank Vs. Grindlays Bank (U) Ltd 1983 50

Commercial Law - banking - bills of exchange - bank draft - dishounour - issuing bank
wrongfully stopping payment of bank draft - drawings made against draft - liability of
issuing bank - Bills of Exchange Act (Cap.76), ss.3 (1) and 55 (1) (a).
Consultant Surveyors & Planners Vs. Standard Bank (U) Ltd 1984 57
Banking - bank and customer relationship - negligence - bank paying forged cheque-
liability - duty of bank to take reasonable care in honouring customer's cheques -
protection of bank under s.60 91of Bills of Exchange Act (Cap.76).
Gafabusa Christopher Vs. Bwesigye Isaya 1985 72

Banking - cheques - "refer to drawer" - though usual meaning is that drawer not made
arrangements to meet cheque or that funds not available, could also mean that drawer
inadvertently signed with unusual signature or that bank made mistake or that drawer
counter mended payment.
Mukono Cycles Mart Ltd Vs. Co-operative Bank Ltd & Industrial Engineers &
Construction Ltd 1987 66
Banking - Security - enforcement - bank not entitled to indemnity where enforces
wrong security except from debtor or guarantor.
Banking - Security - enforcement - bank not to take as security anyone's else's

property.
Banax Limited Vs. Gold Trust Bank Limited 1997 37

Banking - duty of Banker operating customer's account - whether Bank to freeze
customer's account owing to irregularities within the customer's internal operations.
Banking - whether Bank entitled to refuse customer's instructions relating to his

account - whether refusal to act on customer's instructions amounts to breach of
contract.
BILLS OF EXCHANGE
Byarugaba Naris Vs. Shivam M.K.D. Ltd 1997 71
Bills of exchange-discharge of debt - debt discharged when bill of exchange honored.
Bills of exchange - proof of debt due - sum printed on bill of exchange is prima facie
proof of debt due to payee.
BURDEN OF PROOF
Kabagambe Haruna Vs. Uganda 1970 146
Burden of proof - proper direction on question of untruthful evidence -doctrine of
recent possession-meaning of possession - s.4 of the Penal Code.
Uganda Vs. Oryema William 1972 23

Stealing or Receiving and Retaining stolen property-misdirection on burden of
proof on Receiving and Retaining and possession of recently stolen property.
Page 27
Yoronimu Muzeei & anor Vs. Uganda 1972 78
Potential prosecution witness not called by the prosecution-duty of prosecution
to offer the witness to defence. Burden of proof-the accused not obliged to
call a witness if he so chose - confession - alleged confession chakkebged-
trial within trial to be held.
Okello Gaitano Vs. Uganda 1972 104

Receiving or retaining stolen property c/s. 298(1) of the Penal Code-failure of
accused to call his wife-misdirection - burden of proof-non direction on
contradictions.
Uganda Vs. Fransisko Munyankidi 1972 142

Murder-Defence of insanity - burden of proof.
K.M. Doukoure Vs. Uganda Revenue Authority 1997 77

Burden of Proof - civil matters - standard is on a balance of probabilities.
BURGLARY
Uganda Vs. Dominiko Musoke 1968 126
Burglary and theft - sentence-principles applicable.
Nyanzi George Vs. Uganda 1970 167

Burglary, s.281 Penal Code-no evidence that offence committed in the night-
s.4 Penal Code.
CAUSE OF ACTION
Byarugaba Alex Vs. Kilembe Mines Ltd 1973 89
Negligence-failure to make safe-res ipsa loquitur-personal injuries-loss both legs-
Kawesa Mikidadi Vs. Attorney General 1973 114

Civil Procedure-Civil Procedure Rules O.7 r.11(a) - failure to plead whether act
intentional or negligent-whether plaint disclosed a cause of action.
Kazoora Vs. Attorney General 1973 115

Civil Procedure - O.7 r.11(a) Civil Procedure Rules-failure to aver in pliant that
person acting in course of employment-whether plaint disclosed a cause of action-
whether pliant disclosed a cause -whether plaint could be amended.
Mparana Grace King Vs. Eliphas A.M.Toskin 1973 182

Partnership dispute-dispute as to existence of partnership-correct from of suit to
decide issue-whether plaint disclosed cause of action - Civil Procedure Rules,
O.6 r.29-Partnership Act, s.39(f) - injunction -whether notice necessary on other
party-whether mandatory or restrictive injunction should be granted-preservation
of status quo-what constituted status quo-whether injunction could be granted in
relation to an agent of the party -Civil Procedure Rules, O.37 r.3.
CHARGE SHEET
Page 28
Uganda Vs. Dodoi Kituruturok 1975 36
Criminal Law-unlawful wounding c/s. 215(a) of the Penal Code-doing an act
intended to cause grievous harm c/s 209 (1) of the Penal Code-whether
Magistrate Grade II had jurisdiction to try an offence under section 209(1) of the
Penal Code -two charge sheets charging the accused with different charges-not
to which charge he pleaded guilty.
Uganda Vs. Victo Nakayuwa 1975 32

Criminal Law-being idle and disorderly c/s 162 (1) of the Penal Code -wearing mini
dress-sentence of imprisonment imposed on person under apparent age of 18 years-
whether proper -s.190 of the Magistrates' Courts Act, 1970-trivial offence-whether
it was proper to caution accused-procedure -dress not checked and measured in
court -whether proper-charge preferred under wrong section.
Uganda Vs. Kyiwalabye Emmanuel 1975 108

Criminal Law-overcharging ss.6(a) and 7(1) of the Distribution and Price of Goods
Act, Cap.104 as amended by Decree 1 of 1972 and the Price Control (Variety of
Goods) Order, 1974 (S.I No.17 of 1975) -whether a sentence of imprisonment
mandatory criminal law-overcharging ss.6(a) and 7(1) of the Distribution and Price
of Goods Act, Cap.104 as amended -whether charge sheet must specify whether
offal sold were goats or cattle's offals-criminal procedure-Charge Sheet under s.6
of the Distribution and Price of Goods act as amended in relation to selling of
offals-whether a charge sheet not specifying whether offals sold were goat offals or
cattle offals defective-whether such defect curable. Sentence-ss.6(a) and 7(1) of
the Distribution and Price of Goods Act as amended-whether a sentence of
imprisonment mandatory sentence-s.192(d) of the Magistrates' Courts Act 1970
default sentence for a fine shs.400/- - whether default sentence of two months
proper. Magistrates' Courts Act 1970 s.192(d) - default sentence of two months
proper. Magistrates' Courts Act 1970 s.192(d)-default sentence for a fine of
shs. 400/= - whether default sentence of two months proper.
Uganda Vs. Opio 1975 176

Criminal Law-being in possession of Uncustomed Goods s.146(iii) of the East
African Customs and Transfer Management Act, 1970-Charge brought under a
Non-existent Section of the Act-whether it was necessary to allege that the Goods
were subject to Custom Duty - whether Magistrate Grade II had jurisdiction under
the Act.
Uganda Vs. Kayima 1975 178

Criminal Procedure-conviction of over-charging Goods ss.7 and 19 of the
Distribution and Price of Goods Act - failure to mention in the Charge Sheet the
regulations made under the Act-sentence to a fine-whether imprisonment was
mandatory.
Uganda Vs. Kaddu 1975 175

Criminal Procedure-Conviction for selling Goods at more than the maximum price
ss.6(a) and 7 of the Distribution and Price of Goods Act sentence of a fine and
Suspension of Trading Licence imposed-Charge sheet referred to statutory
Instrument No.21 of 1971 (which was not concerned with Matches) instead of
Statutory Instrument No.38 of 1974 - whether a revisional order was Necessary.
Page 29
Uganda Vs. Miiya Daniel 1975 177
Criminal Law - possession of prepared opium ss.65(1) and 76(3) of the Pharmacy
and Drugs Act, 1970-Charge-accused charged for possessing opium or Indian
hemp-charge bad for duplicity-plea-of guilty to a charge bad for duplicity-conviction-
accused convicted on his plea of guilty before the report of the Government
Chemist was received.
CIVIL PROCEDURE
Civil Procedure - Appeal -Parties on appeal - Minister of Mineral and Water 1968 20
Resources-Whether proper party on appeal from Trustees Incorporation Act
case Substitution of other party on appeal-Whether to be permitted.
Civil Procedure - Appeal-"Provisional" Memorandum of Appeal-whether possible- 1968 20

Timeliness-Calculation of 30 days period-magistrate's delay in providing copy of
decree-Extension of time for good cause.
Mukasa Isaya Vs. Yakobo Ocheli 1968 32

S.32 Magistrates' Court Act-Appeal to Chief Magistrate-whether competent in
absence of extraction of formal decree.
Sebei District Admin Vs. Samwiri Gasyali & Others. 1968 66

Appeal against refusal to set aside ex parte judgment O.9, r.9 - principles on
which discretion to be exercised.
A. Bauman & Co. ( U) Ltd Vs. Sir Wilberforce Nadiope 1968 50

Immunity of Ruler to civil suit-effect of removal of immunity by legislation on
obligations incurred-O.5, r.1(3) - Omnia praesumuntur rite esse acta.
Barclays Bank D.C.O. Vs. Hannington Kangave & Yairo Sembwa Kiini 1968 96
Civil Procedure - Order 9 Rules 8A and 10.
Eastern General Agencies Ltd Vs. Hussein Ahamed & 2 others 1968 145
Order r.15, r.5-Application for dismissal for want of prosecution by alleged
individual member of partnership when partners sued individually-application or
otherwise of Order 27, r.8.
A.N. Roussos Ltd Vs. C.J. Valentine & Co. Ltd & C.J.Valentine (U) Ltd. 1968 37
Application to set aside award of arbitration-S.12 Arbitration act-O.43, R.15-
whether arbitrator misconducted himself.
Amosh S. Ghata-Arua Vs. Tarbhai Haji Jamal & Co. Ltd. 1970 97
Agency-whether an architect has implied authority to employ engineering or
other consultants on behalf of an owner-ratification -doctrine of quantum meriuit.
Page 30
Bikwatirizo Marerby Vs. The East African Railways Corporation 1970 36
Application for leave to appeal by pauper - doctrine of res ipsa loquitur-onus of
proving non-negligence on defendants.
Dresdner Bank Aktiengesellschaft Vs. Sango Bay Estates Ltd & 7 others 1970 9
Third party procedure - O.1rr.14 and 18 -determination of liability-onus on
defendant to prove existence of triable issue-damages not the same as indemnity
or contribution-negotiator letter is not necessarily part of contract-bills of
exchange -s.21(3) Bills of Exchange Act-presumption on delivery-restriction on
negotiability -proceedings in Uganda not preclude by simultaneous foreign
proceedings-Swiss law presumed same as Ugandan law until contrary proved.
Rodento Larok Vs. Pyorino Obwoya 1970 41

Breach of promise to marry-pregnancy and expulsion of a school girl from
College - general damages-suit by a next friend.
C.A.T. Bisuti Vs. Busoga District Administration 1970 37

Application for stay of execution under O.39 r.4 not applicable to appeals to the
Court of Appeal for East -ex parte proceedings in absence of defendant.
Mugalula & 8 others Vs. National Housing Corporation 1970 59

Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969 - suit against
scheduled corporation-absence of statutory notice fatal to institution of suit.
Suleiman Mugwire Vs. Masaka District Administration 1970 60

Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969-suit against
District Administration - a breach of statutory notice fatal to institution of suit.
Samuel Kasujja Vs. The Attorney General 1970 212
Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969 - ss.1and 2-
transitional provisions, s.7-lex non cogit ad impossibility.
Jayantialal S. Shah Vs. Attorney General 1970 7

Whether act of Parliament inconsistent with Constitution -mandamus against
the Government.
Aida Nasuna Nkabale Vs. The Attorney General 1970 121

Deceased assaulted and shot by Uganda Security Forces during the 1966
Emergency-effect of article 123(4)(b) and (d) of the Constitution-onus of
showing act done for public order and security on the State-tortuous liability of
master over acts of servants.
Ian Peters Ltd Vs. House of Novelties Ltd. 1970 19

Breach of contract-failure to pay for goods sold and delivered.
Agency-settlement to believe that he had elected to look to agent for payment.
Agency-home agent acting for a foreign principal-presumption that a home
agent is personally liable.
G.N. Sarangi Vs. The Attorney General 1970 14

Conversion -wrongful detention-whether action of police in seizing stolen car from
buyer in good faith and for value without notice, and returning it to its owner,
wrongful-s.36A of the Police Act-Sale of Goods Act s.23(1)-defence of jus tertii.
Page 31
Kalisizo Coffee Factory & 5 others Vs.Severusi Wasswa & 6 others 1970 175
Declaration, suit for- grounds for discretionary refusal.
Mwanyi Dealers Ltd & others Vs, Sezibwa United Farmers Ltd & others. 1970 13
Declaratory judgment-validity of election of company directors challenged-
prayer for injunctions-consent of the Minister under Land Transfer Act.
Giovan Battista Campagnola Vs. Stepanov & anor 1970 159

Negligence - immunity administrative and technical staff of embassy-Diplomatic
Privileges act (No.2 do 1965) Articles 37(2) of Schedule-in course of duty-
evidence required.
Daudi Kibirige Vs. Samuel N. Nkalubo 1970 199

Dismissal of suit for want of prosecution.
Unta Exports Ltd Vs. Commissioner-General of Customs 1970 136

Plaint filed without fees being paid or a general deposit provided from which court
fees may be deducted-whether plaint validly dilled-claim that plaint was filed out
of time-s.161 of the East African Customs Management Act, 1952-whether
notice to client's advocate is notice to the client-s.181(2) of the East African
Customs Management Act, 1952.
Kaloli Buwanga Vs. East Mengo District Administration 1970 227

False imprisonment -powers of Chiefs under the Enguli (Manufacture and
Licensing) Act (Cap.96) and the Local Administrations Act, 1967.
Ddamba Yusufu Vs. D.S. Nokrach 1970 226

Execution-attachment order-Civil Procedure Rules, Order 42, rule 1(1) -
interpretation of person aggrieved and by any other sufficient reason.
Akwiri William Vs. Kilembe Mines Ltd 1970 38

Breach of statutory duty-Rules made under Factories Act-general damages for
personal injuries-negligence.
Commissioner General of Income Tax And Kotecha Estates Ltd. 1970 200
Income tax deduction -sugar cane crop capital expenditure or not-whether
apportionment of expenditure permitted.

Application to set aside ex parte judgment-withdrawal of counsel.
Eriyazali Daki Kafero Vs. The Standard Bank Limited. 1970 56

O.9 rr.8A, 10, 24-ex parte judgment entered without notice of hearing to
defendant who had entered appearance.
Kristopher Nabusoba Vs. Katalina Namuli 1970 137

Ex-parte judgment-setting aside at judge's discretion-O.9 rr.9 & 24 - effect of
defendant's ignorance of the nature of her defence on failure to enter an
appearance.
Page 32
ÿÿrdar Mohamÿÿ & Co. Vs. Warehousing & Forwarding Co. (U) Ltd 1970 196
Failure to deliver articles by agent-exparte judgment-application to stay the
execution warrant of attachment and set aside ex parte judgment.
In the matter of the Local Government (Rating) Act (Cap.29) s.13 and in the
matter of the Draft Valuation Roll VR/1969 Serial 2A of the City of Kampala
And J.S.M. Ochola and The President of the Valuation Court, KCC. 1970 35
Local Government (Rating) Act (Cap.29) s.13-site valuation of unimproved land
may be different from premium paid-lease to be not less than 7 years.
Jayantilal S. Shah Vs. The Attorney General 1970 99

Mandamus -s.34(1)(a) of judicature Act, 1967-nature of -whether the Treasury
Officer of accounts when acting under s.20(3) of the Government Proceedings
Act is acting simply in his capacity as a servant of the Republic or whether he
is performing a duty of an imperative nature cast upon him by statute, in
fulfillment of which duty the applicant has an interest as subject of the state-
principles governing the granting of - the law to apply in interpreting its scope
and limitations under Uganda law.
Abdulrasul Gulamhussein Makalai Vs. Michelin (E.A) Limited 1970 105

Wrongful dismissal-District Manager-length of reasonable notice of dismissal.
Mukasa Yafesi Vs. Harbans Singh & 2 ors. 1970 195

Negligence-contributory negligence-apportionment of blame.
Ruwenzori Coffee Curing Co. Ltd Vs. Zein Bein Said 1970 120
Negligence-loss of bags of coffee by bailee for reward-absence of special
conditions of carriage-duty of care limited to reasonably foreseeable risks.
General Manager E.A.R. & H Administration Vs. P.K.R. Lalani 1970 8
Negligence-collision of a train with motor lorry trailer-claim for general and
special damages-duty of care of locomotive engine drivers.
Kimuna Damiano Vs. Pioneer Plumbers (U) Ltd. 1970 57

Negligence-inevitable accident-res ipsa loquitur-burden of proof-general damages
for personal injuries.
Matayo Bamulanze Vs. Haji Abudu Kizito 1970 195

Collision between a car and bicycle - injuries-claim for damage.
In the matter of an application by Masaka District Growers Co-operative

Union Ltd. For leave to apply for an order of Prohibition And Masaka
District Growers Co-operative Societies. 1970 81
Application for an order of Prohibition -s.34 of the Judicature act 1967 and the
Law Reform (Miscellaneous Provisions) (Rules of court) Rules. Reference to
Arbitrator-s.68 of the Co-operative Society Rules-what constitutes a dispute
within the meaning of s.68-whether the arbitrator has authority to amend.
Registrar's reference-whether Registrar has power to include in the reference
matters affecting pecuniary losses as a result of an unlawful suspension -s.68
of the Co-operative societies act.
Page 33
Yokana Sekandi Vs. Yafesi Semakula Musoke 1970 198
Leasehold agreement for 99 years-lease written in English and the plaintiff did
not understand-contents of lease not explained to the plaintiff-rectification of the
lease.
Frederick S. Kamunye & 5 others Vs. The Pioneer Gen. Assurance Soci. Ltd 1970 17
Res judicata-s.7 of the Civil Procedure Code Act-explanatory paragraphs 3 and
5 to s.7-s.120 Registration of Titles Act-whether or not entry by the defendant
company on part of the mortgaged land owned by an African constituted entry
on the whole s.2 of Land Transfer Act.
V.G. Patel Vs. K.P. Patel & 3 others 1970 7

Service of summons where defendants are foreigners living in a foreign country-
O.5 rr.23 and 29.
Kabirizi W.W. Vs. Busonga District Administration 1970 98

Taxation of bill of costs - Advocates (Remuneration and Taxation of costs) Rules,
Schedule VI(1) (h) -discretion of a taxing officer to vary the fees as set out in
Schedule.
Dresdner Bank Akitengesellschaft Vs. Sango Bay Estates Ltd & 8 others. 1970 80
Application by notice of motion for leave to appeal from an order of a single judge
dismissing summons for directions issued against third party O.40 r.2 and O.1
r.18 of the Civil Procedure Rules.
Ebrahimji K. Bharmal & 2 others vs. Gulamabbas Rajbhai 1970 12

Establishing identity of trustees of religious group-order of Minister contrary to
natural justice-applications to Minister to be made by registered trustees only.
Bituresi Kamahanga Vs. Ankole District Administration 1970 58

Sections 16(1) and 25(1)(c) of the Workmen's Compensation Act-agreement
under Act a bar to further proceedings.
C.O. Erau Vs. The Attorney General 1971 81

Application by notice of motion under the O.9 rr.20 and 24 to set aside an ex parte
decree-notice of appeal to EACA filed - whether High Court has jurisdiction.
Abdul Karim Nyanzi Vs. Mengo Municipal Council 1971 29

Succession to municipality-whether substituted service required under Civil
Procedure Rules, O.I r.10-effect of Urban Authorities (Amendment) Act, 1969-
effect of Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969 -
whether applies to pending suit.
Amin Mohamed Vs. Director-General East African Posts & Telecom. Corp. 1971 156
No order of interest made by court upon decretal sum-application by way of
motion under s.101 Civil Procedure Act-no grounds for application stated - effect
of court under s.101 Civil Procedure Act.
A.A. Nekyon Vs. K.S.Saundh & Anor 1971 43

Witnesses-non-appearance of plaintiff-time-enlargement of to file written
Page 34
statement of defence.
Kalemera Yakobo Vs. Salaama Estates Ltd. 1971 79

Ex-parte proceeding under O.9 r,17(1)(a) -Notice of motion for rehearing under
s.101 of the C.P.A. - advocate mistakenly entering the wrong date of hearing in
his diary.
Nakakonge Baraka Coffee Industry Ltd Vs. Nkonge Tukyasubira Farmers. 1971 329
Civil Procedure Rules O.48 r.3-form of notice of motion -Civil Procedure Act, s.101
Uganda O-in-C 1902 s.20-Interpretation Act, s.44.
Sonko A Hajji & Anor Vs. Haluna Semwanga Sonko & anor 1971 138
Representative suit-Civil Procedure Rules O.1, r.8 pleading -cause of action-date
arose, 0.7 r.1(c ) - Limitation Act, ss.6 and 26.
Abdul Karim Nyanzi Vs. Mengo Municipal Council 1971 29

Succession to municipality-whether substituted service required under Civil
Procedure Rules O.1 r.10-effect of Urban Authorities (Amendment) Act, 1969-
effect of Civil Procedure and Limitation (Miscellaneous) Act, 1969-whether applies
to pending suit.
Mubiru Epaineto Vs. Uganda Commercial Bank 1971 30

Leave to amend plaint-whether fresh cause of action-where amendment would
extend the time in the Limitation Act.
Majera s/o Ngure Vs. Abdu Mukasa & another 1971 323
O.1 r.18 Civil Procedure Rules - application for discretions-nature so directions not
set out in Chamber Summons -no affidavit-delay.
East Africa Plans Ltd Vs. Roger Allan Bickford-Smith 1971 225
Application under O.19 r.38 of the Civil Procedure Rules for oral examination-
application that hearing be brought forward to vacation - effect of Rule 4 of the
Court Vacation Rules-signature of Court upon summons necessary.
Mubiru Epaineto Vs. Uganda Commercial Bank 1971 226

O.6 r.3 Civil Procedure Rules further and better particulars-general principles.
Kiggundu Zakaliya Vs. Lewo Kasujja 1971 164

Service of summons-O.V r.11 and 14.
Uganda Tanicers Ltd Vs. M.B. Patel and another 1971 78

Application to amend the title and defect in form of application-magistrate's
exercise of discretionary power to amend defect.
K.W Reidinga Vs. Skyline Advertising (U) Ltd. 1971 163

Application for further and better particulars - Order 6 r.3 of the Civil Procedure
Rules.
Ezirane Vs. Latia Lukwago 1971 75
Page 35
Application to amend plaint, O.6 r.18 - whether proposed amendments relate back
to original cause of action or constitute fresh cause of action-circumvention of
Limitation Act.
C.A.T, Bisuti Vs. Busoga District Administration 1971 12

Plaint-allegation of facts showing jurisdiction, O.7 r.1(f) -particulars, function and
adequacy of, O.6 r.17.
Mutongole Alexander C. Vs. Nyanza Textiles Industries Ltd. 1971 114

Pleadings-C.7 r.1(f) - Plaint silent as to whether court had jurisdiction -whether
necessary.
Uganda Wholesalers Ltd Vs. Impex House Ltd 1971 245

Counterclaim O.8 r.2 of the Civil Procedure Rules-discretion of magistrates where
no application for separate trial.
Jamal Premji Lalani Vs. Saidi Ebrahim Ngakwila 1971 162

Formal Proof" - nature of
Moyo Jane Vs. John Mbabazi and another. 1971 122

Claim for damages for injuries sustained as a result of collision between a scooter
and motor - car leg amputated just below the knee - negligence of the drivers of
the scooter and motor car - plaintiff riding pillion.
Dumba Girado Vs. Alam & Sons (Uganda) Ltd. 1971 115
Application to set aside dismissal of suit in default of appearance sufficient cause
under O.9 r.20 - inherent power of court - time for application.
K.W. Reiding Vs. Skyline Advertising (U) Ltd 1971 119

Claim for damages for wrongful dismissal-ex parte judgments-garnishee
proceedings against a bank -application under O.9 r.24 of the Civil procedure
Rules to set aside ex parte judgment.
Lomaro Yakobo Vs. Gulamhussein Ahmed 1971 10
Trial language, art.111 of the Constitution-settlement of s.O.13 r.1 (5).
Rebecca Mulira Vs. Moti Bashambar Dess & Mohanlal Bashambar Deass 197 52
Order for arrest of defendant and giving of security under O.36 - content of
affidavit-inherent powers of High Court to set aside ex parte order of High Court
procedure for application.
Sadrudin Mohamed & Anor Vs. Mohamed Taki Nerali 1971 46

Summary Procedure under O.33 - application for leave to appear and defend.
Kosia Komwiswa Vs. Stanley K. Rwahulembe 1971 50

Summary procedure under O.33-cases where applicable - endorsement of plaint-
affidavit.
S.K. Verma Vs. S.K. Kazora 1971 299
Application by notice of motion for an order setting aside an Ex parte judgment
in a suit filed under the summary procedure provided for in O.33.
In the matter of Mbale Sound Merchants And In the Matter of Mbale Sound 1971 14
Page 36
O.34 r.8-originationg motion improperly brought by way of ordinary summons-
application incurably defective.
Cokaldas Laxmidas Tenna Vs. Shell & B.P Uganda Ltd. 1971 225
Application for temporary injunction under O.37 r.2(1) of the Civil Procedure Rules-
party already in physical possession.
Zaverio Malimbo Vs. Asanasio Mukwayo & anor 1971 118

Appeal - memorandum of -sufficiency of under O.39, r.1(2), Civil Procedure Rules.
Musa Magala Haji Vs. Lartin Ondowa 1971 144

Lease of Land -covenant for re-entry on non-payment of rentrelied from forteture
for non-payment for rent- application for extension of time to file application for
leave to appear and defend - O.47 r.6.
Naume Nandege and Anor Busoga District Administration 1971 158

Notice of motion -O48 r.3 of the Civil Procedure Rules -whether grounds of may
be stated in an affidavit annexed to the notice of motion.

Plaint-allegation of facts jurisdiction, O.7 r.1(f) - particulars, function and adequacy
of, O.6 r.17.

Application by notice of motion under the O.9 rr.20 and 24 to set aside an ex-parte
decree-notice of appeal to C.A.C.A. filed-whether High Court has jurisdiction.
Nzirane Vs. Latia Lukwago 1971 75

Application to amend plaint O.6 r.18-whether proposed amendments relate back
Limitation Act.
Malimbo Zeverio Vs. Mukwayo Asanansio & anor 1971 118

Appeal - memorandum of-sufficiency of under O.39, r.1(12), Civil Procedure Rules.
Dauba Girado Vs. Alam & Sons (U) Ltd 1971 115
Application to set a side dismissal of suit in default of appearance sufficient cause
under O.9 r.20 - inherent power of court-time for application.
Karakwempe Vs. Kosiya Kabonero 1971 123

Application under s.230 of the M.C.A. for the transfer of a civil suit filed before a
Grade II Magistrate to the High Court.
Tirwomwe J. Vs. Stanley Kanyoko & 2 others 1972 57

Malicious prosecution-adjournment of proceedings - whether convenience of
counsel was sufficient ground for granting adjournment.
Magezi John Vs. C. Kagwa, Masaka Timber & Hardware Ltd. 1972 14
Application by way of notice of motion-setting aside order dismissing suit and
reinstating the case pursuant to O.9 r.20.
Page 37
Rwekibira Patrick Vs. Muwagibu Kamaya 1972 269
Wills
Wills -question before court as to which of two wills was the valid one-affidavit-no
grounds of information given -whether defective-originating summons under O.34
r.7 of the Civil Procedure Rules-whether issue could be settled upon originating
summons.
In matter of House of Garments Limited And In matter of Companies Act 1972 271
Companies Act-winding up-Civil Procedure -Form of Affidavit O.17 r.3(1) of the
Civil Procedure Rules ratification by company of debts incurred before
incorporated.
Kiwanguzi Growers Ltd Vs. H.C. Patel Ltd., & another 1972 8
Notice of motion-O-48 r.3 of the Civil Procedure Rules - contents of affidavit
Wanyama Charles Vs. Ssenyendo Ssalongo 1972 185

Civil Procedure -O.9 rr.10 and 24-contents of affidavit of service as to knowledge
of defendants identity and setting aside ex parte judgment where defendant had
defence that raised triable issued.
In the matter of an intended Appeal btn Tryres & Tyres & Commissioner
General of Customs & Exercise. 1972 267
Application for leave to file record of appeal out of time-affidavit-source of
information not revealed - whether application should be allowed.

Defective Memorandum of Appeal -O.39 r.1(2) of the Civil Procedure Rules-
whether appeal should be struck out or whether inherent powers of court to
allow amendment.
Kibirige Stanley & 9 ors Vs. Attorney General 1972 228

Suit for compensation from Uganda Land Commission for eviction-action filed
against Attorney General -failure to specify land involved-whether plaint disclosed
cause of action-whether could be amended under O.1 r.10(2) of the Civil
Procedure Rules.
Kangave Z.E. Vs. Attorney General 1972 283

Application under O.7 r.11(a) of Civil Procedure Rules that plaint disclosed no
cause of action-failure to averred that defendants' servant was acting in the
course of his employment - contents of plaint.
Bazirio Kivumbi Vs. Iburahim Ismail 1972 227

Execution of judgment - elapse of more than 12 years from decree-s.36(1)
Civil Procedure Act-whether fresh application or continuation of previous
application where different mode of execution sought.
N. Atim Vs. The Attorney General of Uganda 1972 91

Ex parte judgment under O.9 r.17(1) (a) - counsel for defendant not present at
hearing -application for setting aside ex parte judgment under O.9 rr.9 and 24.
Page 38
East African General Insurance Co. Ltd Vs. Standard Bank of Uganda Ltd. 1972 183
Application for further and better particulars-production of document O.7 r.14
of the Civil Procedure Rules-loss of documents in question.
Sherali Bandali Jaffer Personal Representative of Bandali Jaffer & Chemic

Industries & Soapworks Ltd. Vs. Yefusa Weraga Seggane & anor. 1972 285
Failure of plaintiffs to attend hearing-whether hearing notice served-mode of
service on natural person-substituted service-mode of service on company-Civil
Procedure Rule O.9 r.19, O.26 r.2 and O.5 r.9.
Yefusa Wenega Seggane Vs. Laurensio Lumu 1972 214

Application for joinder of applicant as co-plaintiff - whether separate cause of
of action and whether common question of law or fact.
Siya John Vs. The Attorney General 1972 86

Action against Attorney General for false imprisonment and wrongful arrest-
Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969-whether
action statute barred - whether false imprisonment was a continuing offence-
whether imprisoned party was "under a disability".
Musambu Samuel Vs. West Mengo District Administration 1972 86

Malicious prosecution - Civil Procedure and Limitation (Miscellaneous Provisions)
Act, 20 of 1969 - whether action time-barred - whether cause of action arose on
commencement or termination of prosecution-duty to plead facts to show
limitation.
Nyarubungu Tin Mines Ltd & anor Vs. The Attorney General 1972 88
Whether suit barred by provisions of s.2(1) of the Civil Procedure and Limitation
(Miscellaneous Provisions) Act, 1969 - O.47 r.3 of the Civil Procedure Rules and
s.38 (1) (b) of the Interpretation Act-whether the following day should be included
if the limitation period ended on a public holiday.
Wakibya Difasi Vs. Attorney General 1972 153

Wrongful arrest and false imprisonment -action against the Government-s.2(1)
Civil Procedure and Limitation (Miscellaneous Provisions) Act 1969-whether
action time-barred - whether false imprisonment was a continuing injury.
Kateregga Constantino Vs. Attorney General 1972 224

Wrongful arrest, false imprisonment and malicious prosecution - effect of Civil
Procedure (Miscellaneous Provisions) Act s.2-lack of reasonable and probable
cause-onus of proving such on defendants-malice onus of proving such on
plaintiffs-whether could be inferred.
G. Nassali Vs. Attorney General 1972 235

Civil Procedure and limitation (Miscellaneous Provisions) Act, 1969 - application
to test the validity of - whether question for Constitutional Court.
Waiswa John Vs. The Attorney General 1972 256

Shooting by members of the armed Forces - whether action barred by s.2 Civil
Procedure and Limitation (Miscellaneous Provisions) Act 1969 - whether request
for delay by counsel for defendant affected the limitation period - decree 19 of
Page 39
1972 Proceedings against the Government (Prohibition) Decree 1972 - meaning
of "or for any other cause whatsoever" - whether should be construed accordingly
to ejusdem generis rule.
Kabugo Fred Vs. Joram Emook 1972 34

Application for the issue of a notice pursuant to O.19 r.34, whether execution of
a decree for costs should be against the next friend of a minor or against the
estate of the minor himself.
Nasozi Vs. Water Resources Development (Int.) Ltd 1972 124

Application for order to take plaint off the file - O.29 rr.1 and 2 - doctrine of
substantial performance.
Kasifa Kiwanuka & N. Nabbanja Vs. Sualiman Lubowa & Karuna 1972 184
Personal injuries -assessment of general damages - injury to leg-suit on behalf of
infant - consent under O.29 r.1 of the Civil Procedure Rules - whether provision
mandatory.
Kiwanguzi Growers Ltd Vs. H.C. Pate Ltd., & manor 1972 8
Notice of motion-O.48 r.3 of the Civil Procedure Rules-contents of affidavit.
Dungu Ibrahim Vs. The Uganda Transport Co. Ltd 1972 31

Application by Notice of motion pursuant to O.6 r.29; O.6 r17-meaning of pleading
in accordance with O.6 r.1 of the Civil Procedure Rules and s.2 of the Civil
Procedure Rules and s.2 of the Civil Procedure Act.
Kiggundu Catherine Nazziwa Vs. Daniel Serwaniko & Busiro Planters Ltd. 1972 32
O.6 r.29 of the Civil Procedure Rules-application to strike out defence plaint.
Lutata Pasikale Vs. Felix K.D. Rwambarali & 3 others 1972 24

Third party notice
Application for direction -O.1 r.18 of the Civil Procedure Rules-Third party notice
issued to co-defendant under O.1 r.21 -whether leave of court required as under
O.1 r.14 - whether proper case for indemnity to be implied.
Kibirige Stanley & 9 Ors Vs. Attorney General 1972 228

Suit for compensation from Uganda Land Commission for eviction-action filed
against Attorney General - failure to specify land involved-whether plaint disclosed
cause of action-whether could be amended under O.1 r.10(2) of the Civil
Procedure Rules.
Munyegera Constant & 2 others Vs. General Motors Ltd 1972 99

Plaint-claim against defendant that tort committed by servant - no averment that
servant acting in course of employment - whether cause of action disclosed.
Tyres & Tyres Vs. The Commissioner General of Customs & Exercise, E.A. 1972 119
Unlawful of seizure of goods
Goods seized by customs authorities -whether seizure lawful -no payment to
authorised cashier - forged receipt-no averment in plaint that compliance with
ss.161 and 165 of the East African Customs and Transfer Tax management Act.
Page 40
Bwanika Anthony Vs. Shamji Harji& Bros (U) Ltd & anor. 1972 7
Personal injuries - negligence - no denial of involvement in accident in defence
pleadings - Order 8 Rule 3 Civil Procedure Rules-assessment of general damages.
Bukenya Efulaimu Vs. The Attorney General 1972 87

Intentional shooting by member of Armed force - duty to plead whether act
intentional or negligent - personal injuries-assessment of general damages-
injury to spine and loss of sensation in right side.
Musumbu Samuel Vs. West Mengo District Administration 1972 86

Malicious prosecution -civil procedure and limitation (Miscellaneous Provisions)
Act, Act 20 of 1969 - whether action time-barred-whether cause of action arose on
limitation.
Munyagwa P. Nsibirwa Vs. Lucy Kamujanduzi 1972 92

Failure of plaint to disclose they money value of the subject matter of the suit-
whether High Court had jurisdiction to hear the suit-s.3 of the judicature Act-
action for possession of land.
Kasirye Charles Vs. M.D. Patel 1972 138

Revision-Civil Procedure Act, s.84-proper procedure for application for revision-
whether formal order had to be made by trial court before revision could be made-
whether fact that appeal still lay barred right of revision.
Egulu M. Vs. G. Inyalia 1972 73

Setting aside the judgment of a Grade II Magistrate, by Chief Magistrate-s.233 of
the Magistrates' Courts act.
Mbonigaba D. Vs. C. Nkinzehiki 1972 93

Service of summons-application to set aside ex parte judgment under O.9 rr.9
and 24-effect of non-disclosure in the affidavit of service of personal knowledge of
applicant/defendant by deponent-paragraph 3 of form 9, Appendix A of rules of
the High Court -O.5 r.17.
Katongole Abdu Vs. Manuel Jjuko 1972 95

Non-payment of Busulu-plaintiff not owner of mailo land upon which defendant
owned Kibanja-whether plaintiff could bring suit in his own name-O-3 rr.1 and 2
of the Civil Procedure Rules-Customary law-s.6 of M.C.A. 1970-Judicature Act,s.3.
Nalugwa S. Vs. Tombooth (U) Ltd 1972 64

Filing a suit in the High Court by advocate without instructions-dismissing the
suit under Order No.7 Rule 11 of the Civil Procedure Rules-whether conduct of
advocate proper.
Sebuguluse George & Cook Semugabu Vs. National Insurance Corporation 1972 234
Insurance claim-arbitration-stay of suit.
Musoke Ashey Bafirawala Serube Vs. George William Jogga 1972 154
Page 41
Transfer of suit-lack of pecuniary jurisdiction of Chief Magistrate-whether he had
the power to transfer suit to High Court.
Mukibi Yosefu Vs. Akaya Kizito 1972 177

False imprisonment - whether appeal from order or Decree - s.232(1) (a) of the
Magistrates' Courts act, 1970-Definition of "Decree" in s.2 of the Civil Procedure
Act-O.18 r.6 of the Civil Procedure Rules.
In the matter of an application by Janson Male And In the matter of

Samwiri Mukasa 1972 74
Application for leave to appeal out of time s.80(1) Civil Procedure act -grounds
for exercise of discretion of court -delay in application.
Panesar & Co. Ltd Vs. D.L.K. Lubogo 1972 64

Application for order that decree be executed before taxation of costs-s.98 of
the Civil Procedure Act.
Nanzala Maltilda Vs. Joseph Mukasa 1972 91

Application for a stay of execution-power of court to stay execution under
provisions of O.18 r.11, O.19 r.26 and O.39 rr.4 and 7-inherent powers of the
court to stay execution-special circumstances-whether action for indemnity
constituted special circumstances.
Kirumba Growers (Murami) Ltd Vs. Gopaldas Rugnath Ltd. 1972 62

Action for breach of written agreement-letter sent by plaintiff to trial judge before
judgment delivered-contempt of court.
S. Aminadabu Vs. U.S Agency for International Development -Diplomatic 1972 254
Diplomatic immunity-UNAID not immune to civil action-agreement providing
machinery for negotiations before institution of an action.
Yokonia Ofwono Vs. Leya Akongo 1972 155

Appeal to Chief Magistrate-whether appeal incompetent from judgment of
Magistrate Grade II on the ground that formal decree had not been drawn up-
Magistrates' Courts Act 1964 decree had not been drawn up-Magistrates' Court
Act 1964 s.32 and s.28-Civil Procedure Act s.2 meaning of decree-East Africa
Order in Council 1902-technicality of procedure.
Amina w/o Umedali S. Alani Vs. Umedali Shamji Alani 1972 120
Succession-doctrine of election-duty to elect within 12 months.
Kirumira Growers (Murami) Ltd Vs. Gopaldas Rugnath Ltd 1972 62

Action for breach of written agreement - letter sent by plaintiff to trial judge before
judgment delivered - contempt of Court.
Naluwga S. Vs. Tombooth (U) Ltd 1972 64

Filing a suit the High Court by advocate without instructions-dismissing the suit
under order No.7 Rule 11 of the Civil Procedure Rules-whether conduct of
advocate proper.
Nakaye Beatrice Vs. Kampala Municipal Council & anor 1972 11
Page 42
Eviction from house-demolition of house-award of exemplary damages.
Sajjabi Cyprian Vs. Busoga District Administration & Attorney General 1972 265
Unlawful eviction-assessment of general damages.
Biringwa A. Vs. A. Kazarwkabi 1972 72

Withdrawal of suit from Magistrate Grade II -order for payment of costs -reason
for assessment of costs-order to show cause why warrant of arrest should
not issue - attachment order-sale.
Kiyegga Joseph Vs. Attorney General of Uganda. 1972 258

Suit against Attorney General -whether barred by Decree 19 of 1972-interpretation
of "or any other cause whatsoever"-ejusdem generis rule.
Mukweje Federiko Vs. Attorney General 1972 29

Negligence-general damage for personal injuries -vicarious liability -suit against
the Attorney General in his representative capacity under s.11 of the Government
Proceedings Act (Cap.69, Laws of Uganda).
Aminadabu Safari Vs. United States Agency for International Development 1972 236
Diplomatic immunity-UNAID not immune to civil action-agreement providing
machinery for negotiations before institution of an action.
Nanfuka Margaret Namwandu Vs. The Attorney General of Uganda. 1972 28

Vicarious liability
Death - Law Reform (Miscellaneous Provisions) Act -Course of employment-
immunity under Article 123(4) (b) and (d) of the Constitution of Uganda.
Sikakyolwoyo Jehoash Mayanja -Nkangi Vs. National Housing Corp. 1972 26

Statute of frauds-applicability to Uganda.
Contract for sale of house-offer or invitation to treat-application of statute of Frauds
to Uganda-Evidence Act, s.113 estoppel - powers of Minister, with regard to land
owned by the Uganda Land Commission - payment of rent - waste.
Mugenyi Yesero Vs. Securicor (U) Ltd 1972 30

Personal injuries-customer in bank bitten by guard dog-duty of handler-animal
mansuetae naturae.
Akol Livingstone Vs. Industrial Sales Promotion Ltd 1973 15

Death of child-claim for loss of servitium by father-claim for loss of prospective
financial assistance by father -claim for funeral expenses-whether plaintiff had to
prove that vehicle driven by servant-agent of defendant in ex parte proceedings.
Kanimbe Matiasi Vs. Suryankanti G. Patel 1973 185

Civil Procedure -contents of affidavit - need to specify name or person identifying
person to be served-Civil Procedure Rules, O.5 rr.15 and 17 -whether mere
irregularity-whether cured by fact that advocate instructed to represented to
defendant.
Namirembe Eseza Vs. Musa Kizito 1973 66
Page 43
Civil Procedure-originating summons under O.34 rr.1, 2, 7-service of hearing notice
instead of summons itself.-form of affidavit O.17 r.3(1).
V.F.Castelino Vs Leo Rodrigues 1973 27

Application by notice of motion for leave to defend in suit under O.33-grounds of
notice annexed thereto-whether notice in proper form-whether appellant might file
a supplementary record of appeal-use of English procedural forms -strictness of
procedure.
Nyarbungu Tin Mines Ltd & anor Vs. The Attorney General 1973 88
(Miscellaneous Provisions) Act, 1969-O.47 r.3 of the Civil Procedure Rules &
s.38(1)(b) of the International Act-whether the following day should be included if
the limitation period ended on a public holiday.
Batuza Venelanda Vs. Anania Kimu & anor 1973 168

Leave to appear and defend-Civil Procedure Rules O.9 r.9-exercise of court's
discretion.
Senteza J. Vs. Shell & B.I.Uganda Ltd & 2 others 1973 198
Defamation -slander-words alleging commission of crime by plaintiff uttered in
presence of his employees and independent witness-dependant witness not
called by plaintiff-letter written to plaintiff alleging dishonesty and commission of
crime-letter dictated to secretary -whether dictation amount to libel or slander-
defences of justification and qualified privelage-assessment of damages.
Kitimbo Yafesi Vs. Grindlays Bank International (U) Ltd. 1973 142
Plaint-whether plaint disclosed cause of action-whether consideration, offer and
acceptance in contract had to be averred -Civil Procedure Rules O.7 r.11.
Lubaganza Dominiko Vs. Coffee Marketing Board 1973 116

Application to set aside ex parte judgment-defendant's failure to enter appearance-
O.9 r.9 Civil Procedure Rules.
Kawoya Ahmada Vs. The Uganda Metal Products & anor 1973 117
Application to file defence out of time-application for stay of proceedings-Civil
Procedure Rules O.9 r.24 and O.8 r.1 and O.47 r.6-Civil Procedure Act, s.101-
service on principal officer of company under O.26 r.2(a).
Kazoora Mrs Vs. Attorney General 1973 115

Civil Procedure -O.7 r.11(a) Civil Procedure Rules -failure to aver in plaint that
person acting in course of employment - whether plaint disclosed a cause of
action-whether plaint could be amended.
Gailey & Roberts (U) Ltd Vs. John Reich 1973 115
Application for execution of decree by arrest & imprisonment -O.19 r.34 Civil
Procedure Rules.
Matovu Joseph Vs. Guru Singh & Postmaster -General 1973 113
Suit against the Postmaster -General application under O.1 r.10(2) of the Civil
Page 44
Procedure Rules to have the second defendant struck out since he had ceased to
exist-East African Posts & Telecommunications Corporation Act, 1967.
Onesimo Wani Vs. Uganda Timbers & Joiners Ltd 1973 16

Application under O.36 r.1 fro warrant of arrest of Managing Director of defendant
company that he might furnish security for appearance at the hearing of the suit-
whether should be granted where defendant was a company.
Barclays Bank of Uganda Ltd Vs. William Lugobe 1973 60

Res judicata -Civil Procedure Rules O.9 r.20 - meaning or "fresh suit" -suit already
in existence.
Lugobe W. Vs. Barclays Bank (U) Ltd 1973 60

Application under O.9 rr.19 and 20 to dismissed under O.9 r.19 of being res
judicata-whether action dismiss under O.9 r.19 was res judicata-whether it applied
to counterclaim.
Attorney General Vs. Charles Sengendo 1973 28

Failure to file written statement of defence after entry of appearance-whether
counsel for defendant could be heard-O.9 r.10 of the Civil Procedure Rules -O.9 r.18
of the Civil Procedure Rules -exercise of discretion by trial judge-effect of Rules
6 of the Civil Procedure (Government Proceedings) Rules.
Tara Singh Nandra Vs. Chane & Co. 1973 4

Execution of judgment -execution after 12 years-Civil Procedure Act s.36(1)-
whether fresh application where new mode of execution sought.
Alaudin Rahamtulla Vs. Uganda Bookshop Ltd & anor 1973 90

Malicious prosecution-ingredients of tort-assessment of general damages.
Mparana Grace King Vs. Eliphas A. M. Toskin 1973 182

Partnership dispute-dispute as to existence of partnership-correct form of suit to
decide issue-whether plaint disclosed cause of action-Civil Procedure Rules, O.6
r.29 - Partnership Act s.39(f) -injunction-whether notice necessary on other party-
whether mandatory or restrictive injunction should be granted - preservation of
status quo-what constituted status quo-whether injunction could be granted in
relation to an agent of the party-Civil Procedure Rules, O.37 r.3.
Kawesa Mikidadi Vs. Attorney General 1973 114

Civil Procedure-Civil Procedure Rules O.7 r.11(a) -failure to plead whether act
intentional or negligent-whether plaint disclosed as cause of action.
Nampera Trading Co. Vs. Yusufu Ssemwanje & Suleimani Lule 1973 65
Order granting leave to file an amended written statement of defence within 15
days and to serve the amendment upon counsel for the plaintiff not complied with-
whether failure to comply with the said order meant there was no defence to the
action- the court's jurisdiction to put right a procedural mistake-Rules 8,9,10 & 11
of Order 8 of the Civil Procedure Rules -Ruling.
Greenhunt Twibill Ltd Vs. Export & Import Company Ltd 1973 141
Warrant of attachment and sale issued-application under O.19 r.23(1) of the
Civil Procedure Rules to stay execution - when to grant temporary injunction-what
Page 45
has to be shown in the present application.
Lyakiye Vs. Attorney General 1973 48

Civil Procedure -no signature on notice of suit against government under s.1 of
Civil Procedure & Limitation (Miscellaneous Provisions) Act.
Commissioner General of Customs & Exerc.E.A. Vs. Home Garments Ltd. 1973 125
Court - Rule 42(2) of the Court of Appeal Rules 1972 - whether appeal could be
heard by one judge -s.5 of the Court of Appeal for Eastern Africa Act Cap.5-Rules
52(1) of the East African Court of Appeal Rules 1952-time within which application
had to be made - Rule 39(b) of the Rules-suit already dismissed by court-whether
application was proper in circumstances.
Guloba Yamisi Vs. The Attorney General 1973 210

Suit against the Uganda National Lottery-whether suit correctly laid against the
Attorney General -whether plaint disclosed a cause of action - non correction-
between plaintiff and defendant pleaded.
Nsibirwa Adamu Salongo Vs. Yozefu Kibuka 1973 210

Jurisdiction -duty of magistrate in relation to case where he has no jurisdiction.

Intentional shooting by member of Armed Forces-duty to plead whether act
intentional or negligent-personal injuries-assessment of general damages -injury
to spine and loss of sensation in right side.
Byekwaso Francis & S Masembuko Vs. Fateli Mohamed & Ibraham Salimi 1973 21
Personal injuries -assessment of general damages-fractured leg, injured hip,
permanent disability-fractured elbow and ulna - misstatement of injuries in
complaint - appropriateness of Workmen's Compensation on table in assessing
loss of function.

Action against Attorney General for false imprisonment and wrongful arrest-Civil
Procedure and Limitation (Miscellaneous Provisions) Act, 1969-whether action
statute barred-whether false imprisonment was a continuing offence-whether
imprisoned party was "under a disability".
In the matter of the application by Francis Kasujja 1973 23

Application for leave to sue N.I.C. as nominal defendant under Traffic and Road
Safety Act, 1970-whether action barred by failure to comply with precondition of
notice-whether mistake of law-whether N.I.C. materially pre-judiced.
In the matter of an application by Joseph Mpanga 1973 56

Application for leave to bring an action against the nominal defendant N.I.C. under
section 44(2) of the Traffic and Road Safety Act 1970-whether was to be given
before application.
Busulwa Eriyasafu Vs. The National Insurance Corporation 1973 148

Claim for personal injuries-ss.40 and 44(1) Traffic and Road Safety Act, 1970-what
Page 46
amounted to reasonable inquiries before suing the National Insurance Corporation
as nominal defendant.
Kiwanuka Alice Vs. P.M. Purshotam 1973 197

Civil Procedure -application to add defendant-O.1 r.101 of the Civil Procedure
Rules and s.101 of the Civil Procedure Act.
East Mengo Administration Vs. Ephraim Mbowa 1973 33

Action against Attorney General for malicious prosecution -Civil Procedure and
Limitation (Miscellaneous Provisions) Act, 1969-whether action was statute barred-
when cause of action arose.
Commissioner General of Customs & Excise Vs. Home Garment Ltd 1974 1
Civil Procedure-Application for adjournment-rejection of application-dismissal of
suit for want of prosecution-o 15 r.1(1) and (2) and r 4 of the Civil Procedure Rules.
Oswata Ali Vs. Paulo Osakol 1974 298

Civil Procedure -refusal to adjourn-evidence on the establishment of fact-whether
respondent had locus standi-existence or non-existence of partnership-whether
there was an Association or a Partnership.
Bibonde Sulaimani Vs. Sabani Waiswa 1974 120

Civil Procedure -age of majority -whether age of 21 applied or age of 18 as set out
in s.3 of the Contract Act, Cap.75.
Serwanga Yeseri Vs. Antonio Golooba & anor 1974 233

Civil Appeal under s.232(1) (a) of the Magistrates' Courts Act, 1970-the procedure
to be followed on a submission of no case to answer in Civil Cases -whether the
procedure is the same or different from Criminal cases-order xvi Rule 2 of the
Civil Procedure Rules and s.125 of the Magistrates' Courts Act, 1970-the standard
of proof in Civil Cases.
Wekesa Erukana Vs. Lasto Mandu 1974 208

Civil Procedure-appeals u/s 232 (2) M.C.A., 1970-infringment of r.23 of the Civil
Procedure Rules in schedule 3 of M.C.A.-Magistrate Grade II hearing the appeal
acted as a court of first instance-whether subsequent judgments null and void.
Obwoya Martine Vs. E.A. Railways Corporation 1974 11

Workmen's Compensation Act s.5-workman injured on his way to work-whether he
suffered injury "out of and in the course of employment"-appeal-Civil Procedure
Rules O.39-counsel for respondent seeking to affirm judgment on grounds other
than those supported in judgment-whether notice affirming judgment on other
grounds had to be filed.
An Application by the Isiko Brother Press Ltd Vs. Uganda Industrial Court 1974 256
Civil Procedure -notice of motion-procedure for application for an order of
certiorari.
Kalule Paul Vs. Losira Nanozi 1974 202

Tort-landlord and tenant-wrongful possession of and trespass on property-mesne
profits-meaning of mesne profits-whether wrongful possession was an essence of
claim thereof s.2 of the C.P.A Evidence-sketchy evidence-witnesses-whether
Page 47
where court preferred evidence of one party to the other it was imperative on court
to give reasons thereof -whether appellate court was in as good as position as the
trial court to judge where trial court made conclusions and inferences from
evidence without commenting on demeanour or untruthfulness of witness-relief-
whether court could grant relief not pleaded-counter-claim-form -whether omission
to follow usual form rendered pleading useless O.8 r.8 C.P.R. -court fees-whether
payment necessary for legal institution of suits or other proceeding-r.4 of the
Court Fess Rules, vol. X Laws of Uganda -whether deficiency could be made good-
O.7 r.11(c ) of the C.P.R., s.100 of the C.P.A. and r.6 of the Court Fess, Fines &
Deposits Rules Vol.X laws of Uganda -need for deficiency to be put right as soon
as discovered-whether counter-claim could be left on record where evidence for
and against it had been heard-framing of -issues-O.13 r.5 of the C.P.R. - whether
necessary-costs -whether advocate personally liable for costs for professional
misconduct and negligence.
Najeno Lea Vs. Alisha I. Sserwanga 1974 182

Appeal-appellant/defendant died before appeal heard-appeal dismissed on ground
that appellant was dead and had not pursued her appeal before her death -later an
application to substitute deceased appellant/ defendant made-application support
by affidavit by advocate and deceased appellant/defendant's daughter-daughter
described as legal representative and successor in title of the Kibanja in dispute-
no other documentary evidence to support that daughter is successor in title
earlier order dismissing appeal rescinded under section 181of the Civil Procedure
Act-daughter of deceased appellant/defendant made a party under O.21 r.3-
whether the daughter had locus standi-whether O.21 r.4(1) was not the right order
under which appellant could be replaced-whether daughter was a legal or personal
representative-section 2 of Civil Procedure Act-Law Reform (Miscellaneous
Provisions) Act cap.74-section 13(7) and 2-section 3(1) of the Succession Act-
whether daughter could be personal representative without original or certified copy
of grant of letters of administration-whether Chief Magistrate's order proper.
Kinyankwanzi Joyce Vs. Hezekia K. Ndugga & Anor 1974 287

Civil Procedure-execution of court-attachment order-a licenced auctioneer and
court broker acted in pursuance of a court warrant-sold 17 heads of cattle
belonging to the plaintiff in execution of court attachment order. Plaintiff claimed
that defendant acted maliciously and unreasonably in doing so. Whether an
action is maintainable against court broker. Whether warrant was illegal -whether
trespass was alleged and made out a court broker as officer of the court
u.s 46(2) of the Judicature Act, 1967.
Lukanga Erunayo Vs. Edward Semakula 1974 101

Civil Procedure -application to set aside ex parte judgment and for leave to file
written statement of defence-matters to be considered by court before giving ex-
parte judgment.
Kabuye A. Vs. Kampala City Council 1974 262
Civil Procedure-meaning of 'infant' under the Civil Procedure and Limitation
(Miscellaneous Provisions) Act 1969-institution of suit against wrong party.
Ilario Opidi Vs. The Paminya Garage Growers Co-operative Society Ltd. 1974 121
Civil Procedure -jurisdiction-suit filed in a court presided over by a Grade II
Magistrate-value of subject matter exceeded shs.1000-whether trial magistrate
Page 48
should dismiss the suit-simplicity of procedure in those courts where governed by
rules in Schedule 3 to the Magistrates' Court Act.
National Insurance Corporation Vs. Paul Kafero 1974 275

Traffic -motor accident -respondent filed a suit against appellant corporation as
nominal defendant under s.40 of the Traffic and Road Safety Act, act 38 of 1970-
damages for injuries as pedestrian-vehicle unidentified due notice given to N.I.C. as
required by s.44 (2) of the Act-plaint incomplete -non-compliance with Civil
Procedure and Limitation Act 20 of 1969.
Sempa Antonio Vs. National Insurance Corporation & Samuel Wenga 1974 17
Civil Procedure-Limitation of actions-protection for persons acting in execution of
public duties-is 2(1) (c ) and 3 of the Civil Procedure and Limitation (Miscellaneous
Provisions) Act, 1969-meaning of "in pursuance or execution… any public duty
or authority".
Kampala City Council Vs. Nuliyati Nakyanzi 1974 190

Civil Procedure-limitation of suits-the respondent a minor sued for general damages
under the Law Reform (Miscellaneous Provisions) Act-plaint filed after a period of 3
years-whether the suit was time barred-Law Reform (Miscellaneous Provisions) Act,
ss.7 and 8(2) (b), the Limitation Act, ss.22(1) and 33 and the Civil Procedure and
Limitation (Miscellaneous Provisions) Act, 1969.
Okoth Antonio Vs. Uganda Sugar Factory 1974 155
Civil Procedure-plaint - whether it disclosed a cause of action -failure to aver
whether injury caused through negligence of the defendant.
Bititaweko Barthromew Vs. National Insurance Corporation 1974 65

Civil Procedure -application to reject plaint for non-disclosure of cause of action-
O.7 r.11 of Civil Procedure Rules. Nominal defendant-whether plaint must aver that
the motor vehicle was unidentified and reasonable inquiries were made-ss.40 and
44 of the Traffic and Road Safety Act 1970.
Wandera Erisama Vs. Azaliya Jemera 1974 65

Civil Procedure - procedural errors-trial of case of public vote-evidence given by
witnesses not called by either party nor cross-examined by them-visiting the locus
in quo-re-trial-circumstances under which it can be ordered-award of costs when
courts are at fault and parties are unrepresented.
Muyambi Vincent Vs. B.W. Kapiriri 1974 35

Civil Procedure -application for issue of temporary injunction-principles governing
the granting of temporary injunction.
Kasigazi Fredrick Vs. Attorney General 1974 35

Civil Procedure -application for rejection of plaint for non-disclosure of any cause
of action-whether defect curable by amendment-Civil Procedure Rules O.7 r.11(a)
and O.7 r.9.
Nyobi Clementina Vs. E.A. Railways Corporation 1974 122

Civil Procedure -plaint-particulars to be stated-rejection of plaintiff or failure to
disclose a cause of action-vicarious liability-failure to state that servants were
acting in the course of their employment at the material time-O.7 r.1(e) and r.11(a)
Page 49
of the Civil Procedure Rules-particulars of the defendant-employer alone sued-
whether it was necessary to disclose particulars (identity) of servants - O.r.1( c) of
the Civil Procedure Rules.
Mpanga Joseph Vs. National Insurance Corporation 1974 66

Civil Procedure - application by chamber summons to reject plaint as time barred-
Order 7 Rule 11Civil Procedure Rules-Traffic and Road safety Act, 1970-suit against
nominal defendant-whether notice need be given to nominal defendant under sub-
section 3 of s.44 of the Act when notice has been given under sub-section 2 of the
s.44 of the same Act.
Ndiwulwango Kaliveri Vs. National Insurance Corporation 1974 99

Civil Procedure -application by Chamber Summon to strike out suit for non-dis-
closure of cause of action-non-compliance with the Traffic and Road Safety Act
1970-non-compliance with the Civil Procedure and Limitation (Miscellaneous
Provisions) Act 1969-O.7 r.11 and O.6 rr.27 and 28 of Civil Procedure Rules-
whether properly brought by Chamber Summons.
M.K. Gwasaze Vs. 1. Dr. J.A. Kagwa & Attorney General 1974 37
Civil Procedure -application to strike out 1st defendant's name from the plaint-1st
defendant sued as servant and or agent of the 2nd defendant-limitation period under
s.3 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969-
whether suit maintainable against 1st defendant.
Felix K. Onama Vs. National Insurance Corporation 1974 15

Suit against Nominal Defendant under Traffic & Road Safety Act-driver traceable-
whether action barred by s.44(1)(b) of the Traffic and Road Safety Act-pleadings-
Civil Procedure Rules O.6 r.1-whether age and income had to be pleaded in a
plaint claiming under the Law Reform (Miscellaneous Provisions) Act-whether
defence had to aver the sections of the Traffic and Road Safety Act upon which
it relied in its defence -comments on the pleading of law-Civil Procedure Rules
O.6 r.5.
M.R. Oneka Vs. Wines & Spirits (U) Ltd & anor 1974 98
Civil Procedure-res judicata-application for temporary injunction on substantially
the same grounds as previous application -whether such application was re judicata
Civil Procedure Rules O.37 r.1 (a).
In the matter of J.J.Kamulegeya & anor 1974 299

Civil Procedure -application for review of ruling -Land law-Lease-appointment of
arbitration -arbitrator objected to by respondent as incompetent - objection
overruled - notice of motion-Civil Procedure Rules, O.42 rr.1 & 2-proper heading.
J.K. Kim Vs. Kang & Anor 1974 237

Civil Procedure-application for revisional order under section 83 of the Civil
Procedure Act and payment of costs to the successful defendant under
section 27 of the Act-Order 1 rule 7 of the Civil Procedure Rules whereby court
had to decide to whom liability fell in cases where two defendants do not admit
liability.
East African Plans Ltd Vs. Roger Allan Bickford Smith 1974 97
Page 50
Typing error in settlement of costs-confirmed by payees-settlement communicated
to Ag. Deputy Chief Registrar -whether court functus officio-Civil Procedure Act
s.102-whether payment of lessor sum discharged larger debt-application of Pinnel's
case-whether "accord and satisfaction".
Nakyanzi Nuliyati Vs. Kampala City Council 1974 36

Negligence-suit by minor/dependant of deceased-Law Reform (Miscellaneous
Provisions) Act (Cap.74)-Civil Procedure-requirement for statutory notice-Civil
Procedure and Limitation (Miscellaneous Provisions) Act, 1969-suit by minor-
whether bound by limitation period prescribed.
Twiga Obonyo Vs. Caltex Co. (U) Ltd 1974 21

Civil Procedure -application for stay of suit till payment of costs in previous suit
based on same cause of action-O.11 r.4 of the Civil procedure Rules.
Rutsyamuka Yosamu Vs. John Karazarwe 1974 257

Civil Procedure -transfer application -section 18(1) (b) of the C.P.A.
Walumwa George Vs. Desiderio Omara 1974 157

Civil Procedure -three suits filed in two separate courts-which suit was to be
maintained and which to be dismissed -clients chased round and lured into giving
instructions to two firms of Advocates contrary to Professional Ethics.
Kawoya Alamada Vs. The Uganda Metal Products and Enamelling Co. Ltd. 1974 68
Civil Procedure -application for withdrawal for withdrawal of a previously instituted
suit to allow subsequently filed suit to proceed-s.6 of the Civil Procedure Act.
In the Matter of Sarah Nalwanga Kiyimba & Charles Kato 1974 136
Application for temporary injunction under O.37 rr.1 and 9 of the Civil Procedure
Rules -whether could be granted when no suit was in existence-whether injunction
could be granted to restrain a person not a party to the application -right to be
heard.
Katorano Vs. Attorney General 1974 127

Tort-negligence-driver of lorry not waiting sufficiently for boarding passenger to
assume safe position-contributory negligence -guantum of damages for fracture of
clavicle-Civil Procedure - witness in court throughout proceedings-whether his
evidence was admissible.
Kolodia Nambi Vs. Bunyoro General Merchants 1974 124

Civil Procedure -written statement of defence-application to amend written
statement of defence to alter description of the defendant as stated in the plaint-
defendant described as a firm registered under the Registration of Business
Names Act when in fact an incorporated company with limited liability - whether
error curable by the court acting under O.1 r.10 (2) of the Civil Procedure Rules.
Mudhai George Vs. Ali Mohamed 1975 25

Civil Procedure-affidavits-knowledge and belief.
Kahurutuka & Anor Vs. Mushorishori & Co. 1975 12
Page 51
Civil Procedure -Civil Revision s. 84 of the Civil Procedure Act-jurisdiction of
Magistrate Grade II - sections 184-185 of the Registration of Titles Act.
In the matter of Application by Muhemezi Vs. National Insurance Corporation 1975 11

Traffic -motor accident-unidentified vehicle -application for leave to file out of time
against nominal defendant under s.44(3) of the Traffic and Road Safety Act, 1970-
form of notice required-whether applicant's notice invalid as it was made under
S.1 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act of 1969.
Metropole Pharmacy (U) Ltd Vs. Dr. E.S. Katumba 1975 18

Civil Procedure-joinder of causes of action 0.2 r.2 of the Civil Procedure Rules
misjoinder-striking out plaint - O.2 r.6 of the C.P.R. -purchase and delivery of
drugs on regular credit basis and promise to pay against issue to delivery notes-
payment partly by cash and partly by cheque-failure to pay and dishonoring of
cheques - whether dealing could be regarded as one transaction -convenience in
instituting one suit-whether there was need for separate trials -O.2 r.5 of the C.P.R.
Tumwine Enock (Dr) Vs. Dr. Martin Aliker 1975 24

Civil Procedure -notice of motion under O.37 r.4 to set aside a temporary injunction
injunction had been issued after an ex-parte chamber application brought under
section 36 of the Judicature Act 1967-before issue-O.37 r.3 had not been
complied with -whether a temporary injunction should have issued in absence of
service of notice to the opposite party-when notice dispensed with-what form
should the reason for dispensing with notice take-purpose of a temporary
injunction -when should temporary injunction be issued -whether the temporary
injunction should be discharged or varied in terms of O.37 r.4.
Wakoli John Vs. Kariang Lorika & Ors 1975 23

Civil Procedure -temporary injunction under O.37 r.1 of Civil Procedure Rules-
Principles governing the issue of temporary injunction.
Batwala David & Others Vs. Hassan Kizza 1975 46

Civil Procedure -questions to be determined by the court executing decree-
inherent powers of the court-ss.35 and 101 of the Civil Procedure Act- execution
of orders and decrees-when court may stay execution-O.19 rule 23(3) -payment
out of court to decree-holder under Order 19 rule 2(1)-professional ethics-whether
conduct of an advocate amounted to professional misconduct.
Mbarara Coffee Vs. Grindlays Bank (U) Ltd. 1975 56

Civil Procedure -limitation period in civil cases under s.4 of the limitation Act
Cap.70-O.7 rr.6 and Civil Procedure Rules-negligence-action for negligently
transferring account of the plaintiff company to other company or person - in course
of proceedings plaintiff alleging fraud on part of the defendant company-when does
a cause of action accrue-plaintiff losing on preliminary issue-whether entitled to
recover costs on the suit as a whole.
Rutagengwa Zakariya Vs. Margaret Kabugesho 1975 53

Civil Procedure -temporary injunction-disobedience of the order of court-O.37 Rule
1 (3) of the Civil Procedure Rules -service of orders of court-whether willful disregard
necessarily amounted to disobedience of court order.
Page 52
Kutukulu Y. Vs. Transocean Uganda Ltd 1975 45
Civil Procedure -Service of summons to enter-appearance Order O.5 rr.1 and 2-
application of Law Reform (Miscellaneous Provisions) Act-assessment of damages.
Orono Yowana Vs. Olowo Okong 1975 44

Civil Procedure-trial magistrate making no notes of his observation at locus in quo
and proceedings to hear the case in the absence of the defendant No.2 who was
not served with any process to attend court-whether trial properly conducted-land
dispute-service of summons and hearing notice.
Chrysastom K. Kitto Vs. W.V.K. Chadwick & Nyanza Textiles Ltd 1975 58
Civil Procedure -Civil Appeal -Rules 76(1) and Rule 4 of Court of Appeal for East
Africa Rules, 1972 -Procedure for appeals.
Tibaijuka John Vs. Nyansio Mutungu & Others 1975 37

Civil Procedure -2nd appeal-section 232 (3) of the M.C.A. - procedure for inspection
at locus quo-procedure before Grade II and III Magistrates -witnesses examined
in open court-section 165 of Evidence Act explained-O.16 r.24 of the Civil
Procedure Rules for Magistrates Grade II and III in Schedule 3 of the M.C.A. 1970
has same effect as O.16 r.4 of the Civil Procedure Rules - order for retrial at a
much delayed stage not in the interest of justice-indiscriminate application of
common law principles not advisable to customary land disputes-allocation of
land during Rwenzururu movement illegal -gross misdirection's committed by the
court below, substantial as to amount to an error in law.
A. Bauman (Uganda) Ltd Vs. Sserwanga Lawrence 1975 84

Ethics-duty of an advocate -failure of counsel to appear on behalf of client on the
day fixed for hearing -failure to make a proper application for adjournment -whether
proper or inexcusable-civil procedure -dismissal of suit due to absence of the
plaintiff when suit called on for hearing under O.9 r.19-whether counsel may
proceed with the suit under O.9 r.20 of the Civil Procedure Rules -requesting an
adjournment by telephone-whether proper.
Namukwaya Anna Vs. Inyansio Mukasa 1975 82

Civil Procedure-trial magistrate dismissing suit without settling dispute between
parties-striking out of claim for being misleading and misconceived -leave to file
fresh plaint.
Ssekate Samuel Vs. G.W. Fulera & Others 1975 83

Civil Procedure -power of court to order party to be joined as co-defendant under
rule 9 of the Magistrates' Courts Act, schedule 3, Civil Procedure Rules-Magistrate
taking over part heard case by predecessor - no necessity for fresh case or a new
plaint.
In the matter of John Johnson Kamulegeya And Erukana Kuwe 1975 97

Civil Procedure-notice of motion for enlargement of time-procedure for review -
section 101 of C.P.C., inherent jurisdiction - Arbitration-objections to award Rule 7
of the Arbitration Rules.
Kidimu Suwali Vs. Attorney General 1975 86

Civil Procedure -the question of limitation raised as a point of law in a preliminary
Page 53
issue -whether permissible under O.6 r.27 of the Civil Procedure Rules -whether
the action for unlawful arrest and unlawful detention are time barred for ever-ss.2
and 4 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969-
interpretation of the sections-tort-unlawful arrest and unlawful detention-claim for
damages-whether cause of action for damages-whether cause arises on the date
of imprisonment of the person to whom the cause of action accrues-protection
from deprivation of property under Article 13(1) of the Uganda Constitution.
Ali Mustafa Vs. Sango Bus Company 1975 91

Tort-fatal accident claim-whether a brother of deceased had a cause of action ss.7
and 8 of the Law Reform (Miscellaneous Provisions) Act-Law Reform -Civil
Procedure -rejection of plaint -O.7 r.11 (a) -whether plaint in a fatal accident claim
not citing the relevant statute disclosed a cause of action-whether the income of
the deceased must be pleaded.
Muherya Constance Vs. David L.M. Sekitoleko 1975 89
Civil Procedure -O.22 r.1 - withdrawal or discontinuance of suit-O.22 r.1 does not
talk of dismissal -principle governing vicarious liability.
Lubege John Vs. City Council of Kampala 1975 99

Civil Procedure and Company Law -Garnishee Proceedings -execution- execution
order made against garnishee while company (Judgment - debtor) in liquidation-
whether order valid-Companies Act, s.228 - stay of execution - time for stay
expiring and no appeal made by garnishee against illegality of execution order-
application made by garnishee over year later to set aside execution order for
illegality - whether the matter was res judicata - whether garnishee had locus
standi to make application-whether advocates who had properly paid over money
to client to complete attachment could be made to refund it.
J.W. Obango & Anor Vs. Uganda Transport Co. 1975 118
Civil Procedure - appearance of -third party directions under O.1 r.8-noitice for third
party not accompanying copy of plaint defective-whether irregularity could be cured/
Okwanga Kamu & Ors Vs. Joseph Opoya 1975 160

Tort-motor accident-negligence - the doctrine of res ipsa loquitur-Law Reform
(Miscellaneous Provisions) Act - loss of expectation of dependency-quantum of
damages within prescribed time-Civil Procedure-failure to file written statement of
defence in time within prescribed time-O.8, r.1 - O.9, rr.8A and 10 of the C.P.R.
Kabatoro Vs. Namatovu Florence 1975 159

Civil Procedure -suit by minor-under O.29 rr.1 & 2 of the Civil Procedure Rules for
plaint to be struck out for failure to file authority of next friend with point - costs-
advocate personally liable.

Civil Procedure-preliminary point of law-action time-barred-section 2(1) Civil
Procedure and Limitation (Miscellaneous Provisions) Act, Act 20/69 -claim for
damages for wrongful arrest and unlawful detention-whether detention on order of
court could constitute a cause of action against Attorney General-when does time
for bringing such action begin to run-whether time could be extended where person
responsible for institution it was incapable of doing so by the unlawful actions of the
defendant -whether a person who instituted criminal proceedings before court was
Page 54
responsible for imprisonment resulting from such proceedings where the institution
was found to be unlawful -whether the date of unlawful imprisonment arose at the
date of imprisonment or the date of acquittal and release - whether the action in
instant case was time-barred.
Tumwine Enock Dr. Vs. Dr. Martin Aliker 1975 189

Civil Procedure - application for transfer of Decree for execution-section 31 Civil
Procedure Act-execution against the property of exiles.
Mugerwa Francis & Co. Vs. The Coffee Marketing Board Kampala 1975 197
Civil Procedure - application for judgment on admission o.11 r.6 of the Civil
Procedure Rules - whether the judgment could be entered where the liability had
not been admitted.
Kabigizi Eriabu Vs. Sserwanja Lawrence 1975 198

Civil Procedure-execution-stay of execution pending appeal-main criterion
applicable - notice of motion-relevant law not cited-whether application for stay of
execution could be made under O.19 r.23(1) of the Civil Procedure Rules.
Sonko A. Haji & Another Vs. Haluna Semwanga & Another 1975 196
Civil Procedure - application by Chamber Summons on behalf of the plaintiff
seeking for an interlocutory injunction against the defendants pending the hearing
and final disposal of the suit Application under O.37 r.1(a) of the Civil Procedure
Rules-request for a declaratory judgment, delay of five years before application.
Kaaso & Others Vs. Attorney General & Another 1975 194
Civil Procedure -plaint-whether disclosed cause of action-controlling authority -
meaning -s.54 of the Public Lands Act, 1969-occupier - whether entitled to
compensation-s.37 of the Public Lands Act, 1969 - plaintiffs - whether joined-
advocate suing wrong party-costs - liability for.
by Tom Toya
Civil Procedure -objections-management of estate of missing person-procedure for
opposing memorandum of objection made under the Estate of missing persons
(Management) Decree 20/73) s.5(c ) and (d)-improper to apply by Notice of motion
to strike out memorandum - proper to fix hearing date for objection.
Civil Procedure-Affidavits-Proper affidavit to be shown before commissioner of Oath

and be signed - Affidavit not improper whether deponent fails to distinguish between
matters within his own knowledge and those based on information and belief-any
affidavit attached to Notice of motion must confirm to established practice.
Sentongo George Vs. Uganda Transport Corporation 1975 205

Civil Procedure-Reference to High Court -error by High Court Registry omitting to
endorse on file that appearance made-Interlocutory judgment entered against
defendant in error-matter referred to High Court by Registrar -High Court empowered
to correct error under Civil Procedure Rules (Cap.65) O.46 r.7-Interlocuroty
judgment set aside.
Page 55
D.J.L. Seruyingo Kasolo Vs. Edward B. Musoke & Y.B. Majanja 1975 263
Civil Procedure-jurisdiction-allocated businesses-High Court has no jurisdiction to
interfere with allocated businesses where no certificate of vesting has been granted
to purchasers under Decree 26 of 1973 - jurisdiction lies with business promotion
committee.
Civil Procedure-Dispute between purchases interse of allocated businesses-

application of acquired Asian Business (Rights and Obligations Ascertainment)
Decree.
Wanedeya Vs. Coffee Marketing Board 1975 265
Civil Procedure-cross appeal for retrial in case where appeal allowed-exparte
judgment dismissing suit given in absence of Board -absence due to fact that
case not listed for hearing on day it was tried-no objection made against exparte
judgment whether retrial called for.
Okokoja Vs. E. Mugabi 1975 268

Civil Procedure-Exparte judgment-application to set aside under O.33-ground for
application being due to High Court error-defendant not notified of error-application
granted.
Gunigina M. Xavier Vs. Fenekansi N. Wakabala & Bugisu District Admn. 1975 270
Civil Procedure -limitation-Civil Procedure and Limitation (Miscellaneous Provisions)
Act-whether action against servant of Local Administration for acts in course of his
duty barred-suit not instituted until after expiration of six months.
Civil Procedure - Limitation-vicarious liability-whether master protected against suit

for acts of servant-where suit against servant himself has abated by limited-whether
Government Proceedings Act available to Local authorities.
Civil Procedure -preliminary objections - defamation - absolute privilege-communica-

tion by one state officer to superior officer-junior state officers-whether court
precluded from entertaining suit-not an issue disposable of before facts of case
are stated.
Byansi L. & L. Babalanda Vs. Busoga District Local Administration 1975 288
Civil Procedure - Recovery of seized property the subject of pending criminal
Proceedings has to await conclusion of criminal Proceedings.
Kawooya Patrick Vs. C. Naava 1975 322

Civil Procedure -Ex parte decree against defendant - application to set aside under
O.9 r.24 of Civil Procedure Rules-court to set aside on any sufficient cause being
shown for non-appearance-where party represented, appearance means appearance
of his counsel.
Civil Procedure - Notice of motion-citation of wrong rule therein-mere technicalities
not fatal to application-affidavit containing hearsay information - no failure of justice
occasioned.
Namboro Anthony & Fabiano Waburoko Vs. Henry Kaala 1975 324
Civil Procedure -security for costs of defendant -considerations before grant-award
where defendant put to undue expenses by defending frivolous and vexation suit-
mere poverty of plaintiff not a ground for grant-Civil Procedure Rules, O.23 r.1.
Page 56
Civil Procedure - security for costs of defendant - procedure-application to be by
summons in chambers.
Zironodmu Ahmad B. Vs. Mary Kyamulabi 1975 350

Civil Procedure-ex parte decree-setting aside judgment under Civil Procedure Rules
O.9 r. 24-failure to appear for trial due to confusion about hearing date caused by
wrong entry of date in diary of counsel for applicant -sufficient cause.
Outa Levi Vs. Uganda Transport Corporation 1975 353

Civil Procedure -reviews -application for review of decree or order to be made to
judge who made it-exception given where judge no longer member of the bench and
thus review could be by another judge-Civil Procedure Rules, O.42 rr.1, 2 & 4.
Uganda Transport Co. Ltd, Edward Kewaza by his next friend Miriam N &
Lawrensio Bisalele Katongole by his next friend Maligalita Nabakooza. 1975 349
Civil Procedure -service of summons-appointment of agent to accept service -letter
communication to parties concerned -effective appointment under Civil Procedure
Rules, O.3 r.5 service on agent sufficient-O.5 r.11.
Katende Isaya Vs. Musa Kaliri & Erimiya Ngobonzira Wanya 1975 354
Civil Procedure-wrong procedure -effect of - application made by originating
summons instead of Notice of motion-proceedings not invalid.
Kawalya Henry Vs. J. Kinyankwanzi 1975 386

Civil Procedure - Exparte judgment-Application to set aside ex parte judgment
allowed after stay of execution had been refused - whether order to set aside proper.
Kiwanuka Sowali Vs. Matayo Mukasa, Emmanuel Kalule 1975 384

Civil Procedure-ex parte judgment- application to set aside-public body-whether
derserves to be treated with leniency.
Pamba Vs. Coffee Marketing Board. 1975 383

Civil Procedure - statutory notice - scheduled corporation - failure to serve notice as
required by Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969, s.1
suit incompetent.
R.K. Kasule Vs. Makerere University Kampala 1975 391

Civil Procedure - pleading - matters to be specifically pleaded - claim for exemplary
damages and facts relied on to be specifically pleaded -purpose of pleading.
Birakwate James Vs. Kilembe Mines Ltd 1976 19

Civil Procedure -pleading - disclosure of cause of action - plaint stated plaintiff
arrested upon false report by defendant prosecuted for theft and acquitted - damage
suffered as plaintiff's image was lowered in the estimation of members of his society-
whether plaint disclosed any cause of action- Civil Procedure Rules O.6 r.1.
Civil Procedure - Amendment - plaint disclosing no cause of action - application to
amend - whether such defect is curable by amendment.
Sekibenga Yozefu Vs. Andrea Kaziro & Mohamed Galusajja 1976 20

Civil Procedure-joint tortfeasors - liability - judgment entered against two defendants
Page 57
finding them equally liable - Decree providing that liability be apportioned equally
between them-execution for whole amount not to be effected against only one
defendant.
Khakale E. t/a New Elgon Textiles Vs. Banyamini W in the matter of Mugunjo 1976 31
Civil Procedure - execution-attachment -objection to attachment or land-objector
claiming to be in sole occupation and possession of the land attached - attachment
order set aside-Civil Procedure Rules O.19 rr.55, 56, 57.
Jamagara Erukana Vs. Anderea Obbo-Ogolla 1976 32

Civil Procedure - court procedure - visiting locus in quo - proper procedure to be
followed - court to record what took place thereat.
E.S. Nakambuza Nsumba Vs. Registered Trustees of the Mengo Medical

Mission and Registered Trustees of Mengo Hospital 1976 21
Civil Procedure - jurisdiction - matters between natives and non-natives of Uganda-
whether Buganda Court had jurisdiction to hear and determine dispute.
Civil Procedure-limitation - action to recover land - judgment delivered in 1921 but not
executed - whether execution barred by limitation - limitation Act, (Cap.70) ss.7 & 17.
Bafirawala Ashey Musoke Vs. George William Jogga 1976 27

Civil Procedure - Limitation - action to recover land - claim for vacant possession -
property left in charge of the defendant thirteen years before institution of suit-
challenge to interests of plaintiff ownership realised after nine years' occupation-
whether suit is time barred-limitation Act, ss.6 and 26.
J.B. Semukima Vs. John Kaddu 1976 16

Civil Procedure - pleading - amendment of pleading - could be effected at any stage
during proceedings - Civil Procedure Rules O.6 r.18.
Civil Procedure - pleading - claim for special damages - plaint to contain claim for
special damages and give particulars - whether court would allow plaintiff to prove
special damages where he fails to fulfill requirements.
Sekalo Paulo & 5 Others Vs. Kateregga & Impress Del Banaco S.I.A. 1976 18
Civil Procedure - fatal accident-pleadings-claim under Law Reform (Miscellaneous
Provisions) Act - particulars of cause of death not given in plaint-whether plaint
disclosed cause of action.
Kikoma Saw Millers Company Ltd And In the matter of Companies Act. 1976 52
Civil Procedure - Affidavits - failure to point out matters within the dependent's belief
and those within his knowledge - whether renders affidavit defective.
Civil Procedure-temporary Injunction-cases in which it may be granted - applicable for

temporary injunction on ground that respondents were managing affairs of company
for fraudulent purpose and in manner oppressive to its members - whether temporary
injunction could be granted under O.37 rr.1 & 2 - whether applicants had proved their
case.
Page 58
Nsubuga K. Victor Vs. Jupiter General Insurance Co. Ltd 1976 54
Civil Procedure - notice of intention to sue - service under Traffic Ordinance, s.104(2)-
Notice copied to the defendant's address - no reply set by defendant-whether
defendant was properly served.
Civil Procedure - Notice of Intention to sue - particulars omitting date of accident in

particulars - whether vitiated notice.
M/S Peter S.S. Kirumira Oil Millers Industry Vs. Uganda American Insurance Co. Ltd 1976 56
Civil Procedure-limitation of actions - period - insurance policy providing clause
that if claim is made and rejected, suit to be brought within 3 months after rejection-
plaintiff making claim which is rejected - suit instituted but defendant contending it
was commenced after 3 months - issue as to when time began to run raised.
Mutesi Florence Joyce Vs. Kinyamule Andereya 1976 66

Civil Procedure - limitation-customary land tenure - whether customary land law
recognises law of limitation - whether Limitation Act would apply to customary land
suits.
Attorney General Vs. Charles Baranga Bernard Kagwere 1976 48

Civil Procedure-pleadings -particulars - personal injuries - Medical report containing
injuries different from those pleaded in plaint-whether court could base assessment
medical report or plaint.
Owor Anderea Vs. Attorney General & Ministry of Education 1976 61

Civil Procedure - suits against government - torts committed at primary school -
whether Local Administration liable Local Administrations Act, s.25(1) and Local
Administrations and Urban Authorities (Abolition of Offices and Vesting of Powers
and Functions) Decree 1974, s.3.
Otwani Osuna Vs. Bukenya Ssalongo 1976 64

Civil Procedure - summons - Affidavit of service - Name and Address of person
identifying person served and witnessing delivery or tender of summons ought to be
stated in affidavit of service-Civil Procedure Rules, O.5 r.17.
Zirabamuzare P. Vs. Alozio Bireke 1976 104

Civil Procedure - cause of action-suit instituted for false imprisonment against person
who instigated prosecution of respondent-remand period-whether cause of action
disclosed where remand is by order of court.
Luzze Wilson Vs. Twaha Mukasa 1976 98

Civil Procedure - Court Procedure - visiting locus in quo - presence of both parties
necessary - witness who points out or demonstrates movements at locus in quo
ought to be recalled to give evidence in court.
Civil Procedure - power to deal with evidence taken before another judge-resignation
from service of magistrate who recorded evidence-successor visiting locus in quo -
whether successor entitled to write judgment when he did not record evidence-
Civil Procedure Rules O.16 r.10.
Aduo Rofino Vs. Abdu Wamala 1976 99

Civil Procedure-submission of no case to answer - election whether to call evidence-
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court not to give ruling on no case to answer before putting defendant to his election
whether to call evidence or not.
G.W. Nagokwo Vs. Sir Charles Rutahaba & Rwakanengyere 1976 103
Civil Procedure - plaint- rejection of plaint for not disclosing cause of action - plaintiff
at liberty to present fresh plaint in respect of same cause of action - Magistrate
dismissing suit as plaint disclosed no cause of action-order wrong - proper order to
reject plaint - Civil Procedure Rules - O.7 rr.11 & 13.
Ndawula J. Vs. G.B. Mubiru & Departed Asians 1976 106

Civil Procedure-Reviews - of Court Order - Civil Procedure Rules O.42 r.1 - application
for review on discovery of "new and important matter or evidence" and for "mistake or
error apparent on face of the record" - application for leave to file defence out of time
dismissed on ground that no memorandum of appearance filed by applicant-
memorandum of appearance actually delivered to court registry within prescribed
time but not filed or entry of it made in court record - whether later discovery and
production of memorandum was "new and important matter of evidence" or there
was "mistake or error apparent on the face of the record" to justify review.
Musoke Silvesty Vs. Kaye Gerald (by his next friend Yoana Bosa) 1976 171
Civil Procedure -ex-parte proceedings - non-appearance of defendant-order that
hearing should proceed exparte-hearing adjourned to another date and order made
that defendant be served with hearing notice - application made subsequently to
exclude defendant from being heard-application granted and exparte judgment given-
abandonment of exparte proceedings - order by magistrate of same grade - whether
magistrate has jurisdiction-procedure for setting aside exparte judgment - procedure
is not by filing fresh suit-Magistrates' Courts Act, 1970, sch. 3, Civil Procedure Rules
for Courts presided over by Magistrates Grade II and III - r.19 and 21.
In the matter of Yosufu Rwenzigye And in the matter of Kapoko 1976 181
Civil Procedure-Res Judicata trespass - dispute concerning trespass on land -
contention that subject matter of the suit was the same as the between the same
parties in a previous suit-whether such a suit could be heard against.
Oweka Peter Vs. Achaye Dominiko 1976 292

Civil Customary law-jurisdiction s.219 (2) of the Magistrates' Courts Act, 1970,
confers unlimited jurisdiction to the Chief Magistrate, Magistrate Grade I and II in a
civil matter of customary character.
Civil Procedure - jurisdiction according to s.220 of the Magistrates' Courts Act every
suit instituted in a magistrate's court should be instituted in court of lowest grade
competent to try and determine it.
Civil Procedure - transfer of suits - once an action has been instituted in a wrong
court, but competent to try and determine it, under s.220 of the Magistrates' Court
Act, 1970, the defendant or the court of its own motion may apply to the High Court
to have the suit transferred to another court - dismissal of the case would cause a
miscarriage of justice as it would leave no remedy to the plaintiff.
Makonde Erifazi Ssalongo Vs. G.W. Nantegolola 1976 310
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Civil Procedure-adjournments - if a new matter arises during the trial which catches a
party unawares, an adjournment if applied for should be granted to enable the party
concerned to prepare his case to meet this new matter.
Megera Febiano & Paulo Kamedde Vs. Patrick Kakungulu 1976 309
Civil Procedure -appeals - ex parte judgment - failure to enter appearance-ex parte
judgment given - application to set aside ex parte judgment on ground of ignorance
of procedure rejected by trial magistrate - whether where was sufficient cause for
setting aside the judgment.
Kyebitama Topista Vs. Damyano Batuma 1976 295

Civil Procedure-appeals-extension of time-application to appeal to High Court to be
made within 30 days from date of judgment-whether Chief Magistrate empowered
to extend period where application made after expiration of period-whether Magistrate's
Courts act s. 232 (4) mandatory.
Civil Procedure-Jurisdiction - suit for return of 17 heads of cattle - whether Magistrate

Grade III has jurisdiction.
Civil Procedure - two suits in respect of some matter and same parties-stay of one
pending determination of appeal of other-whether right procedure.
Okere Manasi Vs. Eridadi Adinge 1976 304

Civil Procedure - suit for recovery of land by respondent - same land had been a
subject matter over which respondent's brother had been successfully sued for its
recovery by the appellant- respondent has no independent title from that to his
brother - respondent had been a witness in the earlier suit-whether the respondent
could sue the appellant over the same piece of land -whether matter was res judicata-
whether the respondent was privy to the earlier suit-meaning of privies - whether
issue estoppel applied.
Nkugwa Asumani Haji Vs. Abudu Hamba 1976 306

Civil suit under customary law for seduction-whether seduction an actionable tort-
elopement criminal offence a kin to seduction the essential ingredients of seduction-
essential evidence.
In the matter of Kiwanuka Ellya and in the matter of Kamadi Matanda 1977 42
Civil Procedure -application -application for leave of out of time - application to appeal
to High Court to be within 14 days beginning with the date on which applied refused
by Chief Magistrate - whether there is power to time within which to seek leave of
court -s.232(4) of the Magistrates' Courts Act and s.101 of the Civil Procedure.
Hassan Mariam Vs. Islam Mohamed 1977 43

Civil Procedure - application-application to set a side in order - application not served
interim order - to be set aside if one side not served with a hearing notice.
Katandwaki G. S. Vs. Biraro Andrew 1977 33

Civil Procedure - applications - application to set aside of dismissal of an application-
whether there is any rule providing for procedure - where no procedure is provide
court can use its inherent power under s.101 C.P.A.
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Civil Procedure - notice of motion - application by notice of motion not stating under
what law it is brought - whether application defective-whether defect occasioned
prejudi.
Bitaitana Sirasi & 4 Ors Vs. kananura Emanuel 1977 34

Civil Procedure - applications -application will be dismissed if the affidavit supporting
such application is false.
Civil Procedure - effect of non-entrance of appearance - party does not enter an

appearance in response to enter appearance, the party so failing puts itself out of
court and has no locus standi.
Karaka Sira Vs. Tiromwe Adonia 1977 26

Civil Procedure -plaint - plaint in a defamation action did not allege persons to whom
publication was made nor that the words uttered were false and published maliciously-
whether these matters are essential in pleadings-whether plaint bad in law - whether
it disclosed any cause of action.
Hassani Haji Bin Azizi Abudul Vs. Ramazani Bin Rajabo 1977 36
Civil Procedure - warrant of arrest to a judgment debtor -whether warrant of arrest can
be issued before the judgment debtor is called upon to show cause why he cannot
pay the debt-Civil Procedure Rules O.19 r.13 and rr.84 and 85 - M.C.A. 1970,
sch. 3 r. 29.
Wasswa Silvesti by his next friend James Sekagya & anor Vs. Senteza Daniel 1977 88
Civil Procedure-application to remove a next friend of the plaintiff who has adverse
interests against him.
Civil Procedure - application appointing two next of friends of one plaintiff - no

provision for such circumstances.
Kabwengure Vs. Charles Kanjabi 1977 89

Civil Procedure - execution of judgment and decree-liability of officers and persons
who carry out execution s.46 of Judicature Act 196 .
Civil Procedure - execution -questions relating to execution must be determined -

by court executing decree and not by separate suit: s.35 (1) Civil Procedure Act
Cap. 65).
Civil Procedure - execution-execution decree issued 10 years after judgment - Notice

to show cause why exaction should not issue should be given Civil Procedure Rules
O.19 r.19-Stranger to suit cannot execute decree.
Civil Procedure - Revision-court cannot exercise revisional power where from lapse of
time such power would involve serious hardship to any person: Civil Procedure Act,
s.84.
In the matter of Paskali Dhabule And the Matter of Busoga District Administration 1977 75
Civil Procedure - application to set aside ex-parte judgment-Order 9 rules 9 and 24,
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Order 48 rule 1 and s.101 of the Civil Procedure Act.
Tigakanya Fabiano, Tereza Gonyonza Vs. Peter Sentongo 1977 85

Civil Procedure - Exparte Judgment-application to set aside exparte judgment-grounds
must be sufficient to set aside judgment.
Mohamed Ahmed Vs. Justine M. Wamala 1977 76

Civil Procedure - Garnishee proceedings-application-to make order nisi absolute
against garnishee-whether relationship of creditor and debtor established - whether
amount claimed was liquidated.
In the matter of P. Ruzhwngyibwa And in the matter of J.P. Ruzigana 1977 94
Civil Procedure -jurisdiction-whether Grade II Magistrate has Jurisdiction to declare
the ownership of land registered under the Registration of Titles Act.
Jogga George William Vs. Ashey Musoke Bafirawala 1977 68

Civil Procedure - imitation - Land action based on fraud-fraud practiced from 1960
but not discovered till 1969 - whether action brought in 1976 statute - s.26 of the
limitation Act Cap.70.
Mugenyi Yesero Vs. The Chief Registrar of the High Court of Uganda. 1977 80
Civil Procedure-originating summons under order 34 rules 5 and j7-to make a
declaratory order on interpretation of the Advocate's Act 1970 as amended by the
Advocates' Decree 1976 - preliminary objections of law-the Chief Registrar of the
High court should not have been sued as the first defendant-whether the Attorney
General of Uganda should have been the appropriate defendant-second objection was
that Order 34 rr.5 and 7 do not apply to this matter-whether the originating summons
was miscopied.
Kamuhanda Joseph Vs. B. Masajegi & Stephen Wambuzi 1977 79

Civil Procedure-statement of defence-application to strike out statement of defence
not disclosing a reasonable answer-driver not acting in the course of his employment
when the accident happened - the employer not curiously liable O.6 r.29.
Lumala Juma Vs. Efulayimu Musoke 1977 142

Civil Procedure -appeals-appeal from a consent judgment - no appeal lies from
consent judgments - s.69(2) of the Civil Procedure Act.
Mayanja Grace Vs. Yusufu Luboyera 1977 133

Civil Procedure - appeals-appeals-lodged by filing "provisional Memorandum of
appeal"-Memorandum of appeal filed later but out of time-whether provisional
memorandum of appeal a proper document to be considered in computing the time.
Kawule Yosamu Vs. Kalule Erusane 1977 135

Civil Procedure - appeals - duty of the first appellant court to scrutinize evidence
submitted to it.
Civil Procedure -pleadings -issue before court not pleaded-trespass pleaded but
evidence revealed abandonment of land in dispute which was pleaded - court may
base its decision on unpleaded issue if it appears that the issue was left to court
to consider Land law -eviction for trespass and or abandonment of a kibanja -whether
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s.12 of the Busulu and Envujjo law applicable.
Baraba Sitefano Vs. Kimuli Edirisa Haji 1977 137

Civil Procedure-appeals - duty of first appellate court to examine evidence submitted
afresh and exhaustively and to weigh conflicting evidence and draw its own
conclusion.
Nakitende Mayimuna, Nakimbugwe, Thomas Kalule Vs. Kiwanuka John 1977 123
Civil Procedure -appeals -appeals to court of appeal for East Africa-Memorandum
of appeal not filed within prescribed time-extension of time within which memorandum
of appeal can be filed - High Court has power to extend time if matter is of public
importance or depending on subject matter of suit.
Civil Procedure - notice of appeal - application to strike out notice of appeal to court
of appeal for East Africa on ground that memorandum of Appeal not filed within
prescribed time-Court of Appeal for East Africa Rules, 1972, rules 80, 81(1) (2) and
82 (a) memorandum of appeal may be filed out of time if matter is of public importance
or depending on subject matter.
Nyapendo Yuwanina & 2 Others Vs. Uganda Cement Industry 1977 121
Civil Procedure-exparte judgment-application to set aside exparte judgment-under
O.9 r.24 of the Civil Procedure Rules -clerk of defendants failed to enter date of
hearing in diary -whether sufficient cause of setting aside exparte judgment
established.
Busulwa Henry Vs. Rose Vicencia Nnakanwagi 1977 125

Civil Procedure -injunction-appeal to remove temporary injunction -temporary
injunction granted because buildings on land in dispute being demolished -whether
demolition would upset the status quo of land and whether a temporary injunction
would be removed in such circumstances - under O.37 r.3 of the Civil Procedure
Rules.
Mukasa Sam V. Nabankema Mayanja Eva 1977 139

Civil Procedure -jurisdiction -civil jurisdiction of Magistrate Grade 1 limited to suit
whose value does not exceed shs. 5,000/= s.219 of M.C.A., 1970 - in matters of
civil customary law magistrate has unlimited jurisdiction.
Civil Procedure -jurisdiction - ascertainment of value of subject matter of suit-where

value of subject matter of suit is ascertainable it should be stated in plaint -failure to
state value not fatal if matter is governed by civil customary law.
Civil Procedure -Jurisdiction -it is the duty of party instituting suit to indicate that
court has jurisdiction-court to ensure that it has jurisdiction-where court lacks
jurisdiction its judgment is a nullity.
Onduri William Vs. Moteka Sirasi 1977 128

Civil Procedure -Res judicata -fresh brought in respect of the same piece of land in
dispute which had already been settled by court-the only remedy was to execute
the earlier judgment by evicting the trespasser from the land.
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Ochembe Makakha Vs. Abu Sentamu Semukaya 1977 193
Civil Procedure - security for costs-application for security for costs-litigant should not
be compelled to give security Rules, O. 23 r.1.
Serunjogi Abdu Vs. M. W. Sekitto 1977 242

Civil Procedure - affidavit - affidavit of information and knowledge - whether sources of
information and grounds of belief must be stated.
Kudanga Musa Vs. National Insurance Corporation 1977 243

Civil Procedure - service of summons - defective service of summons on defendant-
defendants filed papers after expiration of time counting from date of defective service-
whether time barred - time does not begin to run against the defendant until he is
properly served.
Abdalla Ismail Vs. Abdu Mohadielmari Shariff & Naiga Tatu 1977 244
Civil Procedure - applications - application for leave to defend - grounds on which
application is based to be put in affidavit-affidavit not to take form of written statement
of defence.
Civil Procedure - application for leave to defend - pre-trial issues and applications
raised at that stage - whether could be considered.
Civil Procedure - joined of parties - parties can be joined as defendants if right to
plaintiff against them arises out of same transaction-Civil Procedure Rules O.1 r.3.
Grindlays Bank (U) Ltd Vs. Mpalanyi James Kamya & 2 others. 1977 248
Civil Procedure - Notice of Motion - O.48 r.3 of the Civil Procedure Rules - whether
grounds of the application must be stated.
Civil Procedure - affidavit - failure to annex affidavit in support of the Notice of Motion
as required under O.48 r.3 - whether grounds of application may be stated in an
affidavit annexed to the Notice of Motion.
Kiirya James Vs. East African Railways Corporation 1977 255

Civil Procedure - resjudicata - suit for wrongful dismissal instituted by employee and
damages awarded but no claim made for loss of benefits - subsequent suit filed by
employee claiming payment of pension - whether suit barred by resjudicata - Civil
Procedure Act, s.7.
In the matter of Nakivubo Chemists (U) Ltd And In the matter of Companies Act
Civil Procedure - Amicus Curiae - meaning - interested person not to be called as
amicus curiae.
Nassanga Allen Vs. M. Nanyonga 1977 319

Civil Procedure - representation of parties - party can be represented by his recognise
Civil Procedure - Civil Procedure Rules to be used as a guide indisposal of suits but
not to be used to deny justice to a party entitled to remedy.
Kalule Luyombo Vs. 1. Ndikola Iga Kitatta & Matovu Yozefu Lubowa 1977 328
Civil Procedure - company matters - Notice of motion u/s.101 of Civil Procedure Act
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and O.34A r.5(b) & (d) of Civil Procedure Rules to inquire into case of officers or
agents of company who have refused to produce documents or answer questions
u/s.168(3) of Companies Act - inspector must have been appointed by court u/s. 165
of Act before such application is made - inspector not appointed - application is
incompetent.
Gakwavu Berchamans Vs. Mariana Gasengayire 1977 322

Civil Procedure - joinder of causes of action - petition for judicial separation containing
claim for property - whether proper-plaintiff may unite in same suit several caused of
action against same defendant - defendant may object to such joinder at trial -
Civil Procedure Rules O.2 r.2(1).
Benjino J. & 5 Others Vs. J. Kamanda 1977 331

Civil Procedure - service of process - service on advocate - advocate no longer acting
for party - no other address for service on record - service on advocate for party is
effectual and sufficient under Civil Procedure Rules O.3 r.4.
Muwonge Zakaliya Vs. Mwanje Sulaimani 1978 49

Civil Procedure - appeals - failure to extract an order before an appeal from an
appealable order is made - whether appeal incompetent.
Gordon A Parrot Vs. D. L. Musoke Sempala 1978 50

Civil Procedure - execution - attachment - court broker attached property not
mentioned in attachment warrant and belonging to person in respect of whom a
attachment order was not made - money paid to stop seizure of property - whether
attachment legal - whether money could be refunded.
Civil Procedure - officers of court - immunity of officers of court in execution of court

order or warrant - court broker unlawfully attached property - whether protected under
s.46(2) Judicature Act.
Nagawa M. Hajati Vs. Kajubi Paulo & Katama Alima 1978 34

Civil Procedure - execution - application to stay execution under O.19 r.23 to be by
chamber summons O.19 r.89.
Civil Procedure - execution - application by notice of motion to stay execution and

vary terms of consent order brought under s.101 CPA and/or O.19 r.23 - whether
procedure correct -proceedings to be vitiated for non - compliance with rules of
procedure only if injustice is done to parties.
Civil Procedure - consent order - agreement by parties headed "consent Order" but
not sanctioned by court - whether proper consent order - whether court can interfere
with such order.
Kambale Baluku Vs. Uganda Clays Limited 1978 45

Civil Procedure - service of summons - service effected on defendants directly through
counsel for plaintiff aware before filing plaint that defendant represented by counsel-
no written statement defence fixed - interlocutory judgment entered - interlocutory
judgment set aside.
Bulwa Yunusu Vs. Nkwenge & Kagawe Henry 1978 46
Page 66
Civil Procedure - execution - execution of judgment or court order - judgment debtor
resisting court order auctioning his land - detention in accordance with s.53 of the
Civil Procedure Act.
Civil Procedure - detention order u/s 53 CPA - investigations to be carried out to

establish truth of allegations of the judgment creditor - failure to do so is a
fundamental breach of natural justice.
Orochi Alfred Vs. Abdularhaman Kasim 1978 52

Civil Procedure - Exparte judgment - applications - application to set aside exparte
judgment - court has to be satisfied not only that the defendant has some reasonable
excuse for failing to enter appearance but also that there is merit in the defence
in the case itself.
Mulyowa Juliana Vs. Mayanja Erenesti 1978 100

Civil Procedure - appeals - third appeals - third appeal to court of appeal - whether
third appeal lies to court of appeal - any decree passed on appeal by High Court
whether on 1st or 2nd appeal is appealable inter alia on ground of law s.74 Civil
Procedure Act.
Civil Procedure - Appeals - third appeal to court of Appeal from magistrate's court-
whether Civil Procedure Act is not applicable - s.242(3) MCA 1970.
Lubisya Pangarasi Vs. Erinesti Wanyonyi 1978 101

Civil Procedure - Res Judicata - a case is res juricata if the same issue was decided
in the earlier case between the same parties or if the present parties were claiming
under those original parties and litigating under the same title, such as if both present
parties were the heirs and successors of the earlier litigants.
Civil Procedure - res judicata - if res judicata is pleaded in a civil suit it is normally
pleaded by the defendant as a defence so as to have the claim dismissed or the
plaint struck out.
Lule Esawu Vs. Yozamu Mugwanya 1978 98

Civil Procedure - functus officio-magistrate delivered judgment after which she ordered
additional evidence to be taken on matter to be considered later - whether magistrate
functus officio.
Civil Procedure - appellate court - powers of appellate court - appellate court has
power to take or order to be taken additional evidence s.81(1) CPA - but additional
evidence not to be taken where party failed in first instance to prove point.
Akoko Dototia Vs. Sepererino Olanya 1978 115

Civil Procedure - Functus Officio - alternative order made by magistrate for the refund
of five heads of cattle or instead 600/= for each cattle for the shs.3,000/= refund of
dowry - money paid over to defendant accordingly - defendant later claimed cattle -
magistrate later made an order attaching 5 heads of cattle belonging to plaintiff -
whether magistrate had right to reopen the case after he had concluded it and alter
his previous order.
Bukondo Yeremiya Vs. E. Rwananenyere 1978 96
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Civil Procedure -Res judicata - 1st suit withdrawn by plaintiff and 2nd suit not decided
for lack of jurisdiction - whether 3rd suit in respect of same matter res judicata - test
for res judicata.
African Orthodox Autonomous Church Vs. Rev. Fr. Magimbi & Rev. Fr.Nakyana 1978 104
Civil Procedure - suit filed by legally recognised body - body later specifically banned
as unlawful society - whether body could maintain the action.
Kamanzi Bulasio & 10 others Vs. Nkambwe Yusufu & 2 others 1978 105
Civil Procedure - Reviews - application to review consent order of High Court - consent
order made as a result of agreement of both parties - whether court could review the
order - review only to be made in circumstances falling under O.42 CPR.
NOTCO (Kampala) Limited Vs. United Garment Industry Ltd 1978 159
Civil Procedure - Appeals - appeals to Court of Appeal - time of institution - Appeal
must be instituted within 60 days of date when notice of appeal lodged-Court of Appeal
for East African Rules, 1972, r.81(1) - extension of time - application for extension of
time within which to file memorandum of appeal and record of appeal - court may
extend time if sufficient reason shown - r.4 of the Rules - Application must show that
intention appeal has prospect of success.
Grindlays Bank (U) Ltd Vs. Independence Coffee Growers 1978 144
Civil Procedure - attachment and sale under order 19 rule 76 of Civil Procedure Rules-
principles governing issues of order postponing sale.
Namusoke Janet Nakiri Vs. Miti Chadani 1978 149

Civil Procedure - Court Brokers - appellant led court brokers to respondent's place to
execute court order - Court Brokers caused damage to respondent's property -
whether appellant responsible for damage.
Civil Procedure - Court Brokers - immunity of - Court Brokers as servants or agents

of court are protected from civil suits arising from execution carried out on court order.
Wasswa Yozefu Vs. Bonabana Yowana 1978 146

Civil Procedure - respondent filed suit against appellant for return of heads of cattle
belonging to his deceased wife - respondent had not letters of administration to
estate of deceased wife - no consent of Administrator General to file suit was
obtained - whether suit was null and void.
In the matter of P. Ruzhwenghibwa And In the matter of J.P. Ruzigana 1978 163
Civil Procedure - review - application for review of order on grounds not maintainable
under r.42 r.1 of Civil Procedure Rules - review court not a court of appeal - order
reviewed on other grounds.
Kweterana Nyakisharana B. Vs. Kamugasha Paskali 1978 190

Civil Procedure - appeals - second appeals - grounds for second appeals to the High
Court - appeal against appellate decision of Chief Magistrate must involve substantial
question of law or must have caused miscarriage justice - s.232 (3) MCA, 1970.
Musoke Haji Sabiti & Another Vs. Uganda Cooperative Savings Union Limited. 1978 189
Civil Procedure - suits by minor - whether suit by minor without next of friend is fatal
and ought to be thrown out.
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Sajjabi Benjamin T/A Namataba Vs. Timber Manufacturers Limited 1978 202
Civil Procedure - plaint - amendment of plaint - non existent party sued - whether
amendment possible.
Civil Procedure - costs - whether can be ordered against non - existent party.
Ssali C.L.K. Professor Vs. Isaya Basigye 1978 188

Civil Procedure - demand for liquidated damages - what amounts to liquidated demand.
Lule Saliamani Haji And Nakibinge Alfred C. & Another 1978 207
Civil Procedure - originating summons - vesting order - application for vesting order
made by originating summons under O.34 r.3 CPR - whether procedure proper.
Moda Pronta Vs. Afro - Trade Promoters Limited 1978 238

Civil Procedure - affidavits - affidavits the only basis for court to decide the issue - in
such cases if respondent introduces new and important matter in reply to applicant's
affidavit, applicant is entitled to reply only in respect of the new and important matters
introduced by respondent - otherwise court has discretion to limit the chain of replies.
Civil Procedure - applications - application to dismiss suit for want of prosecution

under Civil Procedure Rules O.15 r.5 - before deciding to dismiss or allow the
application the court ought to consider whether the plaintiff or his advocate was to
blame for the delay - such decision not dependent upon mathematical calculation of
period taken but on circumstances of each case.
Ganakwa Kaloli Vs. Erogu s/o Ecodu of Namassagali 1978 237

Civil Procedure - hearing of case - absence of defamation - procedure where plaintiff
is present but defendant is absent on hearing date - the court ought, after satisfying
itself that the defendant was aware of the hearing date, to hear and record the evidence
of the plaintiff and his witnesses, if nay, and then write and deliver judgment -
entry of an exparte decree is improper.
Kabwimukya Aristella Vs. John Kasigwa 1978 251

Civil Procedure - affidavits - affidavit not disclosing which matters based on deponent's
knowledge and these based on information and belief - source of information not
disclosed - whether affidavit defective - whether defective affidavit can cure defective
motion it is meant to support.
Civil Procedure - appeals - appeal to filed within 30 days from time of order to be
appealed against - s.80 (1) (a) C.P.A.
Civil Procedure - appeals - appeal out of time - application for extension of time for
appeal - court to exercise discretion of extending time only when application is
made promptly and when good cause for delay is shown.
Civil Procedure - applications - Notice of Motion - application by notice of motion not

containing grounds of application nor stating that grounds to be found in affidavit
supporting it - whether motion defective.
Bamulobye Samwiri Vs. Ngobi Patrick Daniel & Another 1978 249
Civil Procedure - application - exparte judgment - application to set aside exparte
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judgment - such application not necessarily successful because of judgment was
made exparte - applicant must shoe sufficient cause and each case depends on its
own facts and circumstances.
Civil Procedure - Civil Procedure Rules O.9 r.17 (1) (a) - application to hear case
exparte - application therefore may be made by the plaintiff when the defendant failed
to enter appearance within the stated period.
Civil Procedure - exparte hearing - meaning of "exparte" - "exparte" used in relation to

an application means hearing the same in the absence of and without notification of
the other party - under O.9 r.18 (1) (a) "exparte" covers applications made by one
party in the absence of the other notwithstanding notice thereof to other party -
withdraw of counsel from case after part of court hearing does not ipso facto
constitute the subsequent hearing "exparte".
Sebutama Azinefesi Vs. Uganda Land Commission & Kasozi Ranchers Ltd. 1978 242
Civil Procedure - injunction - considerations before grant of injunction - court must have
regard to the balance of convenience and they extent to which any damage to
applicant can be compensated by damages rather than an injunction.
General Equipment (U) Ltd Vs. City Council of Kampala 1978 247
Civil Procedure - limitation - limitation of actions against scheduled corporation -
action based on contract - suit to be filed in 3 years s.2(2) Civil Procedure and
Limitation (Misc. Provisions) Act 1969 - party payment or acknowledgement of debt
to extend period of limitation - s.23 (4) Limitation Act.
Magambo Philip Vs. East African Railways Corporation 1978 248

Civil Procedure - suits - suit against East African Railways Corporation - Whether
Corporation still exists.
Massa Samwiri Vs. Rose Achen 1978 297

Civil Procedure - affidavits - facts sworn to in affidavit not denied or rebutted by
opposite party - presumption that such facts accepted.
Civil Procedure - witnesses - need for witnesses to be sworn or affirmed - court record
not showing whether witnesses were sworn or not - effect of failure to swear or affirm.
Nakato Rose & Ikada Zakaria K. Vs. Muwonge Asumani 1978 298
Civil Procedure - attachment - objection - objection to attachment - circumstances
under which objection will succeed - objector need only show that he has some
interest in the property attached before date of attachment.
Nsubuga A. Vs. P.N. Kavuma 1978 307

Civil Procedure - burden of proof - the burden in civil cases is on plaintiff to establish
his case on balance of probabilities - facts must prove the matter beyond mere
conjecture or surmise - where case is left in equilibrium, court cannot incline the
balance either way and the plaintiff will have failed to discharge the burden.
Nakaggwa Pulkeria Vs. Kiggundu Dominiko 1978 310

Civil Procedure - jurisdiction - failure to object to jurisdiction at trial - such does not
confer a jurisdiction on court if such jurisdiction is nonexistent.
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Civil Procedure - jurisdiction - judicature Act, section 9 - High Court as a court of
care and protection for minors - when court may exercise these powers.
Civil Procedure - reviews -s.83 of the Civil Procedure Act and O.42 rr.1 and 4 of the
Civil Procedure Rules - application for review ought to be made to the court which
made the order or passed the decree - Magistrate Grade II being lower in rank than
a magistrate Grade I, cannot review decision of the latter.
Civil Procedure - revisions - s.84 of the Civil Procedure Act - revisionary powers of
High Court - when and the circumstances under which such revisionary powers may
be exercised.
Kahwa Z. & Bikorwenda Vs. Uganda Transport Company Ltd 1978 318
Civil Procedure - issues - framing and settlement of issues - Civil Procedure Rules,
O.13 - when issued arise - an issue arises when a material proposition of law or fact
is affirmed by one party and denied by the other - meaning of material proposition -
issues generally arise from pleadings but may also arise from the evidence adduced
at the trial - O.13 r.3 C.P.R.
Civil Procedure - issues - powers of court - court empowered under O.13 r.3 to frame
issues at trial arising from evidence on oath by either party - court may also amend or
frame additional issues under O.16 r.5 on such terms as it thinks fit before judgment-
court may also strike out any issue if wrongly framed or introduced.
Civil Procedure - pleadings, object of pleadings - object is to delimit the issues and
bring the same to the knowledge of the parties before trial.
In the Matter of Rwakati Ranchers Ltd And In the Matter of S.211 of the Co. Act. 1978 289
Civil Procedure - stay of proceedings - where the two proceedings are between same
parties and based on same matter in issue the later proceedings is to be stayed
pending disposal of earlier one - s.6 Civil Procedure Act.
Kasolo Magidu & 3 Others Vs. Victoria Nile Bus Service Co. & another 1979 17
Civil Procedure - pleadings - amendment of pleadings - application to amend pleadings
by substituting the injuries alleged in the plaint - application to amend made at the
hearing of the suit - allowing such amendment is a serious departure from the
pleadings since the question of injuries is a question in controversy in the case.
Civil Procedure - pleadings - amendment of pleadings - Civil Procedure Rules O.16

r.18 - application of Rules - rule empowers court to allow alternation or amendment
of pleadings at any stage of the proceedings - such can only be allowed if made
before the completion of the pleadings, that is, before the suit is set down for hearing -
refusal to allow such amendment not automatic but based on a settled rule of
practice.
Civil Procedure - costs - liability in costs - counsel applied to withdrew party from suit
on ground that he could not be traced - whether counsel could be personally liable in
costs.
Lubangire Lazaro Vs. Akamba Bus Service 1979 18

Civil Procedure - suit for damages for estate of deceased wife - action brought by
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husband - whether husband competent person to bring such action.

Civil Procedure - courts - hierarchy of courts - dates of appearance in High Court and
magistrate's court clashing - High Court to take procedure.
Civil Procedure - damages - quantum of - duty of counsel to address the court on 1979 15
quantum of damages.
Bukenya Mary Vs. Akamba Public Road Service Limited 1979 13

Civil Procedure - jurisdiction - tort committed outside Uganda - whether High Court
of Uganda has jurisdiction to entertain claim based on that tort.
In the matter of Nakivubo Chemists (U) Ltd And Companies Act 1979 12
Civil Procedure - reviews - inherent powers of court under s.101 Civil Procedure Act
to review judgment or order - whether such powers can be invoked in cases - in which
O.42 r.1 of Civil Procedure Rules is applicable.
Civil Procedure - reviews -review of order - whether a successful plaintiff or petitioner

can be an aggrieved person within the meaning of O.42 r.1 Civil Procedure Rules -
meaning of "any person aggrieved" - within the meaning of s.83 Civil Procedure Act
and O.42 r.1 Civil Procedure Rules - means a person who has suffered a legal
grievance.
Lubangira Lazaro Vs. Akamba Bus Service 1979 20

Civil Procedure - suit for damages for estate of deceased wife - action brought by
husband - whether husband competent person to bring such action.
Kagwa Yokoyala Vs. Kiwanuka Mary & Kiiza Francis 1979 23

Civil Procedure - powers of court - power of court under the Stamps Act, s.36 - court
empowered to impound unstamped document and order the payment of the relevant
stamp duty and penalty therefore.
Miramago F.X.S. Vs. Attorney General 1979 24

Civil Procedure - limitation - Civil Procedure and Limitation (Miscellaneous Provisions)
Act 1969 - suit instituted twelve days before the lapse of one year from the day the
cause of action arose - whether the suit was statute barred.
Mbambu Flora Vs. Mukine Serapio 1979 47

Civil Procedure - appeals - first appeal - it is the duty of the first appellate court to
review the record of evidence for itself in order to determine whether the conclusion
reached upon the evidence by the trial court should stand.
Civil Procedure - appeals - the appellate court must give great weight to the view of
the trial court as to the credibility of witnesses.
Zikampata E. Vs. Uganda Libyan Trading Co. Ltd 1979 52

Civil Procedure - exparte judgment - applications - application to set aside ex parte
judgment after deposit of the decretal sum - applicant/defendant not property served
with process - affidavit deponing to service upon wrong officer and to notice of suit not
having been brought to applicant's notice until receipt of attachment warrant-whether
in the interests of justice court should exercise discretion to set aside exparte
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judgment - O.9 rr.9 and 24 of Civil Procedure Rules.
Express Electrical Engineers and Contractors Vs. UPTC 1979 53

Civil Procedure - applications - application under O.6 r.27 CPR for an order that the
point of law raised by the plaintiffs in their pleadings be set down for hearing and
disposed of before section 2 of the Decree 15 of 1977.
Okolla Moro Vs. John Lalobo 1979 54

Civil Procedure - appeals - memorandum of appeal - form and contents thereof - O.39
r.1 C.P.R. - grounds of appeal - court cannot allow argument on any ground of appeal
not set forth in the memorandum of appeal.
Reliable African Insurance Agencies Vs. National Insurance Corporation 1979 58

Civil Procedure - plaints - amendment of plaints - original plaint with a firm name as
plaintiff amended to include names of partners after firm name - whether this amounted
to substitution of plaintiffs or amendment of plaint only.
Civil Procedure - plaints - amendment of plaints - circumstances under which plaint

may be amended without leave of count are laid down in O.6 r.19 C.P.R.
Nakigudde Getulida Vs. Attorney General 1979 61

Civil Procedure - limitation - limitation of actions against government - Civil Procedure
and Limitation (Miscellaneous Provisions) Act 1969 - where suit is instituted against
government after 12 calendar months from the date the cause of action arose - the
suit is statute barred.
Sebugulu Frederick Sekyaya Vs. Katunda Daniel 1979 46

Civil Procedure - setting aside order of dismissal of a suit - suit dismissed for non-
appearance - what constitutes appearance - O.3 r.1 O.15 r.4, O.9 and 20 of Civil
Procedure Rules.
Civil Procedure - res - judicata - whether principle applicable to suit to determine

legality of an earlier order the same suit.
Bakitara Transport Bus Co. Ltd Vs. Biribonwa Emmanuel 1979 95

Civil Procedure - Appeals - Appeals to court appeal for Uganda - extension of time -
application for extension of time within which to institute the appeal - when may the
court allow extension of time - Court of Appeal for East Africa Rules 4, 81 (20.
Munvaneza Vs. National Insurance Corporation 1979 96

Civil Procedure - Nominal defendant - suit against nominal defendant - Traffic and Road
Safety Act, S.44 - conditions to be fulfilled before action against nominal defendant
can succeed.
Semakula Posiyano Vs. Magala Susan, Serunjogi Paulo & Mukiibi Samwiri 1979 90
Civil Procedure - bars to civil actions - res judicata as such a bar - res judicata
provided for in s.7 C.P.A. - effect of successful plea of res judicata - suit must be
dismissed - it is proper therefore to determine the issue of res judicata before hearing
evidence on the merits of the case.
Civil Procedure - res judicata - determination of whether or not a suit is barred by res
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judicata - the test to be employed - matters to be considered in determining the real
issues between the parties in the earlier suit.
Kasule Sowedi Vs. Kasujja Henry 1979 99

Civil Procedure - jurisdiction - court's inherent jurisdiction under s.101 C.P.C. - when
such posers may be invoked - court's inherent jurisdiction can only be invoked where
no other remedy is available.
Civil Procedure - Review of decree or order under O.42 r.1 C.P.R. - what must be
shown for such application to succeed - discovery of new and important matter of
evidence - mistake or error apparent on the face of the record - any other sufficient
reason - what amounts to any other sufficient reason.
Busasi Sezi R & Mugisha Eriya G. Vs. Kareeba Enoka S. & Ruzigana John P. 1979 129
Civil Procedure - appeals - extension of time within which to appeal - granting
extension is within courts' discretion and exercisable only for "sufficient reason" -
sufficient reason" to be shown and considered before all other factors - burden to
satisfy court as to "sufficient reason" on applicant - whether solely avoiding to
penalise intending appellants is sufficient reason - Court of Appeals Rules, r.4.
Civil Procedure - appeals - striking out notice of appeal when intending appellant takes
no step within the prescribed period.
National Pharmacy Limited Vs. Kampala City Council 1979 132

Civil Procedure - appeals - extension of time for appeal - grounds upon which extension
may be granted.
Civil Procedure - execution - stay of execution - application for stay of execution to

first be made to High Court - such application to Court of Appeal must be full bench.
Civil Procedure - party intending to appeal also seeking to obtain execution - whether
proper for such party to pursue both courses.
Mubiru Immaculate Vs. J. Ndawule 1979 130

Civil Procedure - applications - application for extension of time under r.4 of Court of
Appeal rules - for such application to be allowed, sufficient cause must be shown -
what amounts to sufficient cause.
Kagodo Paulo Kalule Vs. Kyagaza Kalorina 1979 136

Civil Procedure - execution - attachment - execution of court warrant of attachment-
conflicting court order served on appellant from Grade II and Chief Magistrate.
Baguma s/o Kiza Vs. L. Kadoma 1979 183

Civil Procedure - appeals - appealable orders - Civil Procedure Rules O.40 r.1 -
whether an order refusing to review an order is appealable.
Civil Procedure - reviews - grounds upon which review may be sought - withdrawal of
counsel not one such ground - Civil Procedure Rules O.42 r.1.
Omony Henry Vs. The Departed Asians Property Custodian Board 1979 181
Civil Procedure - execution - execution against property of departed Asian - whether
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decretal sum awarded against Asian - owned company could be satisfied by the
Departed Asian Property Custodian Board - Assets of Departed Asians Decree, 1973
(Decree 27 of 1973) (as amended by Decree 12 of 1975) ss.28 (1).
Busulwa Isaac Bob Vs. Kakinda Ibrahim 1979 179

Civil Procedure - res judicata - earlier suit dismissed on a preliminary point - whether
such a dismissal is a bar to a subsequent suit between the same parties on the
same subject matter.
Muwanga Kirisestom Vs. Kibi Dowosoni 1979 221

Civil Procedure - appeals - appeal out of time - application for extension of time within
which to appeal - extension permitted for sufficient reason - r.4 of the Rules - whether
failure to give evidence at trial insufficient reason.
Baryawo Simon Vs. Attorney General of Uganda 1979 214

Civil Procedure - appeals - appeal to Court of Appeal - institution of appeals - Court of
Rules, r.81 - appeal to be instituted within 60 days from filing notice of appeal.
Civil Procedure - notice of appeal - striking out notice of appeal - r.80 Court of Appeal
Rules - effect of failure to institute appeal within the prescribed period.
Kampala City Council Vs. National Pharmacy Limited. 1979 215

Civil Procedure - Appeals - striking out of appeal - Court of Appeal Rules, r.80 -
whether Court of Appeal can strike out appeal where there is discrepancy between a
notice of appeal and a memorandum of appeal.
Civil Procedure - execution - stay of execution pending appeal - criterion applicable-

whether payment of a judgment debt by applicant judgment debtor amounts to
injustice necessitating grant of stay of execution - Court of Appeal Rules rr.5 (2) (b).
Musango Margaret Vs. Musango Francis 1979 226

Civil Procedure - Appeals - lodging of documents - documents not properly filed until
payment of requisition fees.
Civil Procedure - Appeals - extension of time - enlargement of time allowed for filing
appeal out of time for good cause - application for such enlargement to be made by
notice of motion in open court - Civil Procedure Rules O.48 r.1 - application made
otherwise is improperly made.
East African General Insurance Company Ltd Vs. Ntende Elizephan K. & 5 Others 1979 227
Civil Procedure - application - citation of relevant rule under which application is bought
in practice such rules should be cited but failure to do so did not disentitle the
applicant from getting the relief sought.
Civil Procedure - summons - service of summons - service of summons of several

defendants - O.5 r.10 C.P.R. - service should be effected on each of the defendants-
failure to serve other defendants - failure - failure to serve other defendants is good
sufficient cause for setting cause for setting a decree aside under O.33 r.11.
Okumu Matayo Vs. Amudhe Fransiko & 2 Others 1979 229
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Civil Procedure - appeals - second appeal - leave for second appeal governed by s.232
M.C.A.- conditions before such and can be granted the appeal should involve either
substantial question of law or the decision to be appealed against has caused a
miscarriage of justice.
Mubiru Kaloli & 21 Others Vs. Kayiwa Edmond & 5 Others 1979 212
Civil Procedure - appearances - entry of appearance - procedure where defendant does
not enter an appearance - whether interlocutory judgment can be entered under O.9
r.8 O.9 r.6 C.P.R. - this rule is an exception to the general rule that where no
appearance had been entered.
Civil Procedure - ex parte judgment - such judgment entered without jurisdiction - such
judgment is a nullity and persons affected by it are entitled to have the same set aside.
Civil Procedure - ex parte judgment - setting aside ex parte judgment - whether the
fact that judgment has been satisfied precludes the quashing of such judgment if it is
a nullity.
Nankya Buladina & Anor Vs. Bulasio Konde 1979 239

Civil Procedure - compromise - counsel has full control over conduct of the trial and
has apparent authority to compromise all matters connected with the action.
Civil Procedure - compromise - court can use its inherent powers under s.101 C.P.A.
to set aside compromise if injustice would be done by allowing it to stand.
Civil Procedure - review - O.42 r.1 - C.P.R. - the meaning and significance of the words
"any other sufficient reason".
Obedi Wasswa Vs. Nyaga Zavere 1979 224

Civil Procedure - cross - examination - cross - examination by Magistrate-Trial
Magistrate taking large part in Cross - examination of witness - whether this was a
proper method of adducing evidence - whether any failure of justice accessioned.
Makumbi Francis Xavier Gajuule Vs. National Insurance Corporation 1979 230
Civil Procedure - ex-parte decree - application to set aside an ex-parte decree -
whether the fact that a decree has been executed is a bar to an application to set it
aside if made ex-parte.
Civil Procedure - garnishee proceedings - garnishee order - service of garnishee order-

O.20 r.1 C.P.R. - both garnishee and judgment debtor must be served with the order
nisi unless otherwise ordered - purpose of serving judgment debtor with garnishee
order nisi.
Civil Procedure - garnishee proceedings - garnishee order nisi - effect of such order-
the order does not operate as a transfer of the property in the debt - it binds the
garnishee from the time it is served on him in respect of any debts specified in the
order.
Kyamulabi Mary Vs. Zirondomu Ahamed 1979 219

Civil Procedure - extension of time - application for extension of time to serve record of
appeal - record of appeal not containing the decree whether such record can be cured
by a supplementary record - meaning of supplementary record.
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Civil Procedure - record of appeal - contents of record of appeal - r.85(1) Court of
Appeal Rules - record of appeal not containing a copy of decree is defective record
which may be cured by the court allowing the decree to be filed in a supplementary
record - where there is no application to file the decree or a fresh record containing
the decree application ought to be struck out.
National Pharmacy Ltd Vs. Kampala City Council 1979 256

Civil Procedure - limitation - limitation period under s.2 of Civil Procedure and
Limitation (Miscellaneous Provisions) Act, 1969 - action for debt where there has
been acknowledgment by part payment - Act inapplicable pursuant to the provisions
of s.23 Limitation Act - extension of time in such circumstances.
Civil Procedure - costs discretion to award costs or not - discretion of trial judge to
deny a successful party its costs in a suit - s.27 (1) of the Civil Procedure Act Cap.65-
discretion to be exercised judicially - when may a party be deprived hereunder of its
costs.
Ongom George & Ongom Rose Vs. A.G., Akora Akubu & Benjamin Owan 1979 267
Civil Procedure - execution - court brokers - protection of court s.46(2) Judicature Act-
attachment of exempted and immoveable property - whether in respect of such
execution court broker can seek protection.
Talituka Feibe L. Vs. Nakendo Abdu 1979 275
Civil Procedure - pleadings - a defendant is perfectly entitled, if he wishes, to adopt an
entirely negative attitude, putting the plaintiff to proof of his allegation when defendant
adopts a purely defensive attitude in his pleadings he will not be allowed to conduct
his case on a different footing or at least only on those terms.
Civil Procedure - pleadings - a party is bound by his pleadings but if the particulars are
given in undue detail and what is proved varies from them in way which is immaterial,
it remains the duty of the court to see that justice is done.
Civil Procedure - pleadings - written statement of defence - allegations in the plaint

must be specifically or by necessary implication denied - a bare dental in the written
statement of defence is not enough within the meaning of O.8 r.3 of the Civil Procedure
Rules.
Grindlays Banks (U) Ltd Vs. Katende & Brothers 1980 10

Civil Procedure - appeals - extension of time - application for enlargement of time-of
time - jurisdiction - whether application made to Court of Appeal misconceived and
incompetent - provisions of the Judicature Act (Amendment) Decree 20/77- High Court
has no jurisdiction.
Civil Procedure - appeals - extension of time - application for enlargement of time-

requirement for good and sufficient reasons for delay in not filing notice of appeal
within statutory time - whether applicant must show that the appeal intended had
merits.
Kyamulabi Mary Vs. Zirondomu Ahamad 1980 11

Civil Procedure - appeals - extension of time - Court of Appeals discretion if sufficient
cause shown - what is "sufficient cause" - extension sought where delay in filing notice
of appeal was due to absence of intending appellants counsel - courts discretion not
Page 77
ferreted by appeal's having been struck out so long as sufficient cause is shown -
considerations of ends of justice and the respondents' possible advantages - delay by
counsel where litigant has been vigilant is sufficient cause.
Civil Procedure - execution - stay of execution - application for stay of execution must 1980 12
be before full Court of Appeal - Court of Appeal Rules r.52 (2) (6).
In the matter of s.33 of the Judicature Act 1967 And in the matter of Martin Ziwa 1980 20
Civil Procedure - courts - proceedings before courts - matters subjudice not to be
adjudicated upon by another court.
Kyobe Sennyange S. Vs. Naks Limited 1980 30

Civil Procedure - appearance - appearance of a party in a matter before court - physical
presence in absence of indication to court does not amount to appearance -
appearance where party is represented by counsel.
Civil Procedure - Ex parte judgment - application to set aside ex parte judgment -

power of court to set ex parte judgment aside if satisfied service of summons was not
effective or for any other good cause - sufficient cause - mistake or oversight on part
of counsel though negligent is sufficient cause - arguable defence as sufficient cause
in case of traible issues - C.P.R. O.33. R.11.
Tindarwesire Paulina Vs. Kabale Town Council 1980 33

Civil Procedure - Appearance - entry of appearance - setting down suit for hearing -
C.P.R O.9 rr.8, 8A(2).
Civil Procedure - Summons - service of summons - proper method of service C.P.R.

O.5 r.12.
Nsibambi James Vs. Nankya Lovinsa 1980 81

Civil Procedure - first appeal - duty of first appellate court - failure to review and re-
evaluate the evidence - whether there was a miscarriage of justice.
Civil Procedure - locus in quo - principles to be followed in conducting proceedings at

the locus in quo - whether non-compliance therewith amounts to a miscarriage of
justice.
Civil Procedure - jurisdiction - pecuniary jurisdiction of Magistrate Grade II.
Kirabira Oldman Vs. National Insurance Corporation 1980 83

Civil Procedure - Law Reform (Miscellaneous Provisions) Act Cap. 74 - when a cause
of action arises under the Act.
Civil Procedure - nominal defendant - suit against nominal defendant u/s 44 of the
Traffic and Road Safety Act, 1970-conditions precedent to success of an action
brought against a nominal defendant.

Civil Procedure - Orders - orders in civil suits - Preparation of orders - parties'
disagreement as to preparation - Court of Appeal Rules r.34(2) ( c)
Page 78
Civil Procedure - interest - rate of interest awarded by trial court but not considered on
appeal by appellate court - whether in the absence of an order by appellate court
confirming the order for interest made by trial court, latter court's order for interest is
maintained or impliedly rescinded.
Ponjo Eriki Vs. Toro African Bus Company & Another 1980 57
Civil Procedure - parties to suits - court's power to strike out or to add parties - C.P.R.
O.1 r.10(2) - application to substitute parties in consolidated suits necessitated by
statutory requirement in road accident - third party claims.
Civil Procedure - pleadings - amendment of plaint - application to amend plaint by

substituting proper defendant where initial oversight was due to publication of relevant
statute being delayed.
Civil Procedure - road traffic - third party claims - proper defendant is National
Insurance Corporation in any such claims (Third Party Risks) Insurance Fund Decree
5 of 1978 -s.43.
Ssebunya Robert B.K. Vs. Attorney General 1980 68

Civil Procedure - written statement of defence - whether failure to file written statement
of defence was prejudicial to the defendant - defendant who files no written statement
of defence has no locus standi and cannot be heard at the hearing.
In the matter of C. Kasozi Ddamba 1980 115

Civil Procedure - applications - application under O.37 r.1 of the Civil Procedure Rules-
before an application of this nature can be entertained by a court there must be a suit
pending between the parties.
Jurisdiction-Civil jurisdiction of the High Court - whether the High Court has jurisdiction
to entertain any disputes arising between the parties u/s. 12 of the Land Reform
Decree.
Semugoma & Ors. Vs. Development Transport Co. Ltd 1980 112
Civil Procedure - attachment - attachment of property not belonging to the defendant -
order of court staying execution received by court broker after sale - whether the sale
could be set aside.
Uganda Moslem Supreme Council Vs. Kagimu Mulumba & 4 Others 1980 110
Civil Procedure - injunction - temporary injunction - conditions necessary for granting
temporary injunction - applicant to show that temporary injunction was necessary to
protect him against irreparable injury - temporary injunction not granted where
damages were adequate compensation - temporary injunction not granted where effect
would be disposal of main suit.
Brother Peter Vs. Attorney General 1980 107

Civil Procedure - mandamus - application for an order of mandamus u/ss.34 and 35 of
the Judicature Act 1967 - whether the notice of motion need be served on the Attorney
General - whether the application can be made before a certificate is obtained u/s.20
(1) of the Civil Procedure (Government Proceedings) Rules.
Katangaza Alice Vs. Attorney General 1980 114
Page 79
Civil Procedure - parties to suits - plaintiff assaulted by her school teacher - whether
the Attorney General was the right party to be sued.
Publishing and Advertising Services Vs. Uganda Litho Colour Packing Ltd 1981 63
Civil Procedure - appearance - appearance - appearance at hearing of a suit - part
conducting of proceedings followed by failure of appearance makes hearing inter
partes - whether application to reinstate the suit so heard could be based upon fresh
matters.
Civil Procedure - execution - stay of execution - application to stay execution -

application brought under wrong procedure - whether, in the circumstances, court
could involve interest powers s.101 Civil Procedure Act.
Kasozi Ddamba Vs. M/S Male Construction Service Co. 1981 26

Civil Procedure - attachment of property under O.19 r.58-whether property subject to
receiver - ship liable for sale - onus on objector to show that at the time of the
attachment he was in possession of the property.
Sempa James Vs. Attorney General 1981 32

Civil Procedure - Civil Procedure and Limitation (Miscellaneous Provisions Act 1969,
(Act 20 of 1969) - s.8 (2) - whether imprisonment was a disability.
Mungecha Fred M. Vs. Attorney General 1981 34

Civil Procedure - Proceedings against the Government - Civil Procedure and Limitation
(Miscellaneous Provisions) Act - whether imprisonment on remand a disability under
the Act.
Uganda Development Bank Vs. Muganga Construction Company 1981 35

Civil Procedure - costs - whether successful litigant forfeits costs for incorrect
statement of claim.
Kitumba Savings Credit and Co-operative Society Vs. Karibwije Said 1981 70
Civil Procedure - ex parte proceedings under O.9 r.3 - affidavits of service and mode of
service must be disclosed before ex parte proceedings can be allowed.
Civil Procedure - ex parte proceedings under O.9 r.3 - whether one Hearing Notice can
be relied upon to proceed ex parte.
Semakula Fenekansi Vs. Musoke J., F. Musoke & East African General Ins Co. Ltd 1981 46
Civil Procedure - Execution - Attachment and sale of movable property - whether from
sheets forming a roof, window frames and doors, of a house may be attached as
movable property - whether a small sum of sh.600093/= could justify the destruction
of a judgment - debtor's home.
Civil Procedure - execution-duties of court brokers - whether under a duty to ensure

that they execute a lawful order - whether a court broker licenced by one court can
execute a warrant issued by another court for which he is not lincenced.
Civil Procedure - execution - expenses incurred by court brokers - whether policeman

can be paid directly by outsiders.
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Civil Procedure - execution - issue of a warrant of attachment or other form of
execution - whether can lawfully issue on a judgment that has been paid or satisfied
before issue of a warrant - whether such warrant void.
Civil Procedure - execution - protection of court brokers - under s.46(2) of the

Judicature Act - whether protected in respect of an unlawful act done during execution.
Civil Procedure - execution, warrants of attachment - whether proper for a court to

issue one warrant referring to two decrees in two different suits - whether a court
entitled to go behind a warrant and examine it closely.
Civil Procedure - joinder of parties - plaintiff sued defendants for trespass and provision
of his property and that of his wife and children - whether each of them should have
been joined as co-plaintiffs.
Civil Procedure - stay of suits - whether a civil suit should be stayed pending the
hearing of a criminal charge where both arise from the same facts.
Civil Procedure - suits - Institution of suits - plaintiff and 3rd defendant parties to two
suits in the lower court - defendant applied for execution of decree against the
plaintiff on a judgment that had been satisfied before issue of warrant of attachment-
auctioneers attached iron sheets, window frames and doors of the plaintiff's house -
whether plaintiff entitled to bring a suit arising from the execution of the decree in the
High Court - s.35(1) of the Civil Procedure Act.
Serwadda Abdu Vs. Popular Tours & Travel Ltd 1981 29

Civil Procedure - Interlocutory Judgments - grounds for setting aside Interlocutory
judgments - a distinction should be drawn between an individual defendant who
defaults in entering appearance and a secretary of an incorporated body which is a
defendant with his multiferous duties to perform - O.r.6.
Mulondo Ezekiel Vs. Semakula Fenekansi 1981 28

Civil Procedure - withdrawal of suit by plaintiff - O.22 r.1 CPRS - whether plaintiff can
withdraw suit before WDS is filed and without leave of court - O.13 r.6 CPR.
Kabona Brothers Agencies Vs. Uganda Metal Products & Ehamelling Co. Ltd 1981 74
Civil Procedure - Judgment entered against defendant in default of appearance -
Decree at variance with plaintiff's prayer - whether Deputy Chief Registration erred to
vary decree.
Ssekandi Edward K. Vs. Law Development Centre 1981 22

Civil Procedure - Law Development Centre Act, 1970 - Representation of Law
Development Centre in courts of law - whether State Attorney can appear for the
Centre in Court.
Makabugo E. Vs. Serunjogi Francis Drake 1981 58

Civil Procedure - originating summons - whether proper procedure to determine matters
affecting the existence or validity of a contract of sale of land.
Kololo Curing Co. Ltd Vs. West Mengo Co-op. Union Ltd 1981 60
Civil Procedure - parties to suits - whether a defendant can apply under O.1 r.10(2) of
Page 81
the Civil Procedure Rules for joining a third party to a suit as a co-plaintiff.
Kisige Moses Vs. Muzakamu Batolewo 1981 66

Civil Procedure - pleading - plaint - whether mere insertion of clause "Any other relief"
at the end of a plaint can assist a plaintiff to recover general or special damages where
they are not pleaded or proved.
Makula International Ltd Vs. His Eminence Cardinal Nsubuga & Another 1982 11
Civil Procedure - appeals - grounds of appeal - when appellate court may allow ground
of appeal not argued before lower court.
Civil Procedure - Appeals - incompetent appeals - where appeal incompetent and

court discovers illegality in proceedings from which appeal stems court can interfere-
illegality over rides all questions of pleading, including admissions thereon.
Civil Procedure - appeals - record of appeal - service must be in time under court of
appeal rules (s.1 179 of 1972) - leave of court to be obtained for service out of time.
Civil Procedure - appeals - orders appeallable to court of Appeal - order made by High
Court on matters brought to it by statute others than Civil Procedure Act and Rules
(Cap.65) appeallable unless specifically excluded by special legislation or fall within
rangoon group of authorities.
Civil Procedure - appeals - orders of taxing officer - orders appeallable to High Court
under s.61(1) Advocates Act, 1970 - procedure laid down in Taxation of Costs
(Appeals and References) Rules (s.1 258-6) - right of appeal to court of Appeal
established under ss.65 and 82 of the Civil Procedure Act (cap.65).
Civil Procedure - jurisdiction - courts' residual and inherent powers - courts have no
residual or inherent powers under s.101 of the Civil Procedure Act (Cap.65) to enlarge
period of time laid down by statute - orders to enlarge time null and void.
Civil Procedure - Costs - appellant - principles of taxation - in taxing bill, taxing officer
should find appropriate scale fee under Schedule VI of the Advocates (Remuneration
and Taxation of costs) Rules (s.I 258-6) - should consider increasing or reducing it
depending on work and responsibility involved, importance of case, amount involved
and fall ion value of money - costs recoverable by successful appellant.
Civil Procedure - pleadings - amendment of pleadings - computation of time for

amending, delivering or filing of pleadings under O.47 r.4 of the Civil Procedure Rules
(s.I 65-3) - application or Order.
Muhutu George Vs. Mpengere Bulasiyo 1982 55

Civil Procedure - appeals - lodging of appeals - provisional memorandum of appeal on
file no an appeal under O.39 Civil Procedure Rules s.I. 65-3.
Otim Kezekia Vs. Akillenge George & Others 1982 42

Civil Procedure - appellate Courts - procedure on first appeals - appellate court on first
appeal has duty to re-examine and re-evaluate evidence on record.
Civil Procedure - pleadings - defamation - exact words or their substance in case of
Page 82
slander should be set out in full in the plaint.
Emau Yokoyasi Vs. Michael O. Etatao & Anor 1982 48

Civil Procedure - attachment - unlawful execution - broker not immune from civil suits
under s.46(2) of Judicature Act 1967 if executes unlawful order or if excites lawful
order unlawfully.
Civil Procedure - attachment - costs incurred in execution - out of pocket expenses-

incurred by broker recoverable under court brokers rules (S.I.42-8) Rules 13.
Departed Asians' Property Custodian Board Vs. H.M.B. Kayondo & Another 1982 17
Civil Procedure - costs - discretion of court toward costs - successful party is entitled
to costs unless court for good reasons orders otherwise - Civil Procedure Act (Cap.65
s.27(1).
Civil Procedure - misjoinder of parties - allocation and assignment of businesses of

non - citizens - claim for value of business - company not allocated or assigned
business wrongly joined as co-defendant with allocates in a claim for value business.
Civil Procedure - unnecessary and premature suit filed - suit should be dismissed.
Waibi Yeseri Vs. Edisa Lusi Byandala 1982 28

Civil Procedure - jurisdiction of magistrates - customary law - magistrates Grade II and
III have jurisdiction to try suits under customary law - Magistrates' Court Act, 1970,
Third Schedule, r.11(I).l
Civil Procedure limitation of actions to recover land - customary law suit - Limitation
Act (Cap.70) applies to customary law suits - suit by beneficiary to recover land
converted by trustee exempted from limitation period - limitation Act (cap.70), ss.6 &
20(1) (b).
Civil Procedure - framing issues - suits presided over by magistrates Grade II and III
magistrates Grade II and III are not legally bound to frame issues - magistrates' Court
Act, 1970. Third Schedule rr.22 & 23 - Civil Procedure Rules are not applicable to
courts presided over by Magistrates Grade II and III.
Civil Procedure - judgment - contents of judgment made by magistrates Grade II and

III - remedy - remedy to which successful party is entitled to must be stated in
judgment - Magistrates' Court Act 1970. Third Schedule, rr.27(2) (e) & 27 (3).
Kanyima Paulo Vs. R. Rugoora Per Pro Kicumbi Barista Kweterana 1982 33
Civil Procedure - Customary Law suits - jurisdiction of magistrates courts - Magistrates
of all grades have concurrent jurisdiction under M.C.A. s.220 to try customary law
suits - suit need not be filed in lowest magistrate's courts.
Civil Procedure - representative suit - leave of court - plaintiff must obtain leave of
court before filing representative suit under O.1 r.8 of the Civil Procedure Rules S.I.
65-3 suit filed without leave is incompetent and should be struck out.
Kityo Yoswa Vs. Eriya Kadu 1982 58
Page 83
Civil Procedure - ex-parte proceedings - plaintiff's case - need for a plaintiff to prove his
case on balance of probabilities even if proceeds ex-parte.
Nsereko Joseph by Puis Sekweyama, his next friend Vs. Lubega T. & anor 1982 51
Civil Procedure - pleadings - amendment of pleadings - guiding principles should be
freely allowed provided no injustice is caused to the other party by compensating it
with costs.
Acar David & 3 Others Vs. Alfred Aliro 1982 60

Civil Procedure - pleadings - appeals - where fraud is not pleaded and there is no
evidence of it led before court of first instance cannot be raised on appeal O.6 r.2
Civil Procedure Rules (S.I. 65-3).
Mulondo Ezekiel Vs. Semakula Fenekansi 1982 27

Civil Procedure - suits - withdrawal of suits - under O.22 r.1 of the Civil Procedure
Rules (S.I. 65-3) plaintiff may discontinue suit without leave of court any time even
after defence is delivered provided no other steps taken in suit.
Civil Procedure - withdrawal of suits - notice of application for withdrawal - where no

leave of court required not necessary that form of application should be chamber
summons under O.22 r.1 of the Civil Procedure Rules (s.I. 65 - 3) - written notice by
plaintiff will suffice.
Kenyi Juma Vs. Grindlays Bank (U) Ltd 1982 116

Civil Procedure - discovery of documents - failure to comply with court's order for
discovery of documents by defendant - defendant's written defence liable to be struck
out - Civil Procedure Rules O.10 rr.12, 14 and 21.
Kitariko Robert Vs. Twino-Katama David 1982 97

Civil Procedure - election petition - interlocutory orders - interlocutory order made by
election court in election petition appealable with leave of court under s.68 and 77 of
the Civil Procedure Act (Cap.65) and O.40 r.1 (2) of the Civil Procedure Rules (S.I.65-
3).
Civil Procedure - election petition - trial conduct of trial of election petition follows as
nearly as possible trial of suit under election Petition Directions r.22 and therefore
Civil Procedure Act (Cap.65) and Rules (S.I. 65-3) apply.
Civil Procedure - rules of court - breach - rules of court to be obeyed - extension of

time during which step in procedure requires to be taken must be justified by some
material on which court can exercise its discretion - non compliance not easily
excused as party in breach would have unqualified right to extension of time which
would defeat purpose of rules - purpose of rules to provide time table for conduct of
litigation.
Civil Procedure - rules of court - breach - where not complied with and no reasonable
explanation given by party in default, court cannot extend time.
Civil Procedure - rules of court - court of Appeal Rules (s.I. 179 of 1972 - regulate time
to institute appeal - time of 60 days within which appeal to be filed may be extended if
copy of proceedings asked for within 30 dyad form date of decision to be appealed
from.
Page 84
DAPCB Vs. Uganda Blanket Manufacturers (1973) Ltd 119
Civil Procedure - judgment debt - approbation - judgment debtor who asks for and
obtains stay of execution does not thereby approbate judgment or elect to treat it as
binding so as to preclude him from thereafter seeking to set it aside, whether on
appeal or otherwise - court has jurisdiction to set aside such judgment even where
there is approbation.
Civil Procedure - setting aside judgment - approach to O.9 rr.9 and 24 C.P.R, - court
to ask itself whether any material factor appears to have entered into the passing of
the ex part - if satisfied that such was or may have been the case, court to determine
whether in light of all the facts and circumstances both prior and subsequent and of
respective merits of parties it would be just and reasonable to set aside or vary
judgment.
Civil Procedure - setting aside judgment - ex part judgment - application of O.9 rr.9
and 24 - r.9 O.9 has wider application then r.24 as it empowers court to set aside any
judgment passed in pursuance of any of the proceeding rules of that order, whether
judgment ex parte or not - courts discretion also unlimited as to reasons for setting
aside judgment - r.24 O.9 is limited to ex parte decrees which court has mandatory
power to set aside where party applying satisfies court that summons were not duly
served or that he was prevented by sufficient cause from appearing at the hearing.
Kahigiriza James Vs. Busasi Sezi 1982 148

Civil Procedure - pleadings - departure - departure from pleadings offends O.6 r.6
Civil Procedure Rules (S.I.65-3)
Civil Procedure - pleadings - departure - remedy for breach - party not in breach to
apply for order to strike out offending pleading before or during hearing - failure to so
so not bar to bringing up matter in submission.
Wasswa Nassan & 9 Others Vs. Uganda Rayon Textiles 1982 137
Civil Procedure - pleadings - preliminary objection - when raised in court should not be
different from pleadings - departure from pleadings offends provisions of O.6 r.6 of the
Civil procedure Rules (S.I.65-3).
Civil Procedure - preliminary objection - timing - purpose of preliminary objection is to

bring to notice of court alleged irregularity which must be cured before case proceeds-
such objection should be raised at commencement of proceedings.
Civil Procedure - stay of suit - civil wrong amounting to felony - where act complained
of in civil suit constitutes crime, civil suit to be stayed until criminal trial over -
principle not applicable where neither party to suit involved in alleged crime.
Mulumba Samuel Vs. Attorney General 1982 132

Civil Procedure - suits against government - limitation period - time taken in local
hospital other than mental hospital or hospital outside country by victim of accident
not to be included when computing time within to sue under s.2 (1) of Civil Procedure
and Limitation (Miscellaneous Provisions) Act No.20 of 1969.
Waniala Francis Vs. Bugisu District Administration 1982 128
Page 85
Civil Procedure - suits - scheduled corporations - suit filed before expiration of statutory
period of 60 days prescribed by S.1 of Civil Procedure and Limitation (Miscellaneous
Provisions) Act No.20 of 1969 is premature and incompetent.
Musajjalumbwa James Vs. Bitumastic Ltd 1982 103

Civil Procedure - service of summons - corporations - service to be effected through
Corporation Secretary, director or other principal officer of corporation or by leaving
summons at registered office of corporation or at its place of business in accordance
with O.26 r.2 of Civil Procedure Rules (S.I. 65-3) - service on clerk improper.
Republic Motors Ltd Vs. Atlantic Decorators & General Constructions 1982 104
Civil Procedure - summary procedure - leave to appear and defend - for defendant to
appear and summary suit under O.33 of Civil Procedure Rules (S.I. 65-3) must obtain
leave of court within 10 days otherwise will be time - barred.
Uganda Commercial Bank Vs. Sali Balaba 1982 145

Civil Procedure - summary suit - defence - where plaintiff discovers after filing suit that
defendant has valid defence to suit proper course is to apply for leave to amend plaint
to remove it from ambit of O.33 of the Civil Procedure Rules (S.I. 65-3) - alternative
course is to wait until hearing of application for leave to appeal and defend and
declare his intention not to oppose application - improper for plaintiff to concede to
case being heard on merits before application for leave to appear and defend heard.
Nyanzi Evaristo Vs. S.M. Zaver 1983 52

Civil Procedure - costs - taxation - appeal against order of taxing master-hearing
notice - notice to be given in all cases except to defendant against whom costs are
being taxed in case in which he did not appear - Advocates Act, 1970, s.61 &
Taxation of Costs (Appeals & Reference) Rules (S.I. 258 - 6) r.3.
Civil Procedure - costs - taxation - hearing notice - taxation hearing notice to be

sealed in accordance with provisions of O.5 r.1 (3) of Civil Procedure Rules (S.I 65-5)_
which are mandatory- notice invalid and proceedings a nullity unless sealed.
Civil Procedure - costs - taxation -nature of proceedings - taxing master sits as court
before whom evidence may be led to prove or disprove costs and he has to make
ruling or order thereon - taxation proceedings are civil proceedings and taxation
hearing notice is summons.
Nakitto & Brothers Ltd Vs. Katumba 1983 70

Civil Procedure - notice of motion - definition of suits - 'notice of motion' falls within
description of 'suit' in s.2 of the Civil Procedure Act (Cap.65) - where notice of motion
is not signed by judge or an officer appointed by him and not sealed with court seal
notice is invalid.
Kurunira Haji & Anor Vs. Kidde Samson 1983 71

Civil Procedure - garnishee proceedings - contract of insurance - a contract of
insurance is not a debt subject of garnishee proceedings against insurance company -
a contract of insurance is not a debt subject of garnishee proceedings without first
determining garnishee's liability.
Page 86
The Co-operative Bank Ltd Vs. Kasiko John 1983 72
Civil Procedure - summary procedure - application for leave to appear and defend suit-
misjoinder of causes of action - Civil Procedure Rules O.33.
Civil Procedure -summary procedure - affidavit sworn in support of application for leave
to appear and defend suit must state means of deponent's knowledge or source of
information or belief - application based on defective affidavit is incompetent.
Lukyamuzi Eriab Vs. House & Tenant Agencies Ltd 1983 74

Civil Procedure - pleadings - departure from pleadings - offending part of pleading may
be struck out on application - inconsistency - between written statement of defence
and evidence adduced in court - inconsistence revealed in course of hearing of
evidence framed - Civil Procedure Rules O.6 r.6.
Civil Procedure - plaint - production of documents on which plaintiff sues - failure to

attach document to plaint - where existence of document not in doubt at date of filing
suit it is admissible in evidence though not produced with plaint or entered on list of
documents - object of rr.14 & 18 of Civil Procedure Rules.
Maluku Interglobal Trade Agency Ltd Vs. Bank of Uganda 1983 63

Civil Procedure - summary procedure counter - claim arises out of the same subject
mater of the action and exceeds amount of plaintiff's claim leave to defend suit to be
granted.
Civil Procedure - summary procedure - leave to appear and defend-offence to be

stated with sufficient particularity to appear genuine - general or vague statements
denying liability will not suffice.
Civil Procedure - summary procedure - leave to appear and defend - defendant to show
bonafide triable issue of fact or law before leave can be granted - plaintiff not entitled
to summary judgment - where reasonable ground of defence to claim shown -
defendant not bound to show good defence on merits - court not to enter upon trial of
issues disclosed at this stage.
Civil Procedure - summary procedure - leave to appear and defend - fraud - vague
suggestion of fraud or other misconduct on part of plaintiff will not suffice in application
for leave to defend.
Civil Procedure - summary procedure - O.33 r.2 CPR scope - envisages actions for
recovery of land, rent or manse profits where relationship of landlord and tenant exists
or had existed as rights of parties would be spelt out including rent payable - not
applicable where no tenancy agreement or agreement on rent and applicant tenant at
sufferance.
Kisulo W.T.M. Vs. V. Nampewo 1984 55

Civil Procedure - appeals - High Court - appeal to High Court/or from magistrates
courts must be against decree/order - decree or order to be extracted and filed
together with memorandum of appeal - where not done no appeal properly before court
and no adjournment will be allowed to regularize appeal - appeal to be struck out.
Mukiibi A.A. Mugalual Vs. Colline Hotel Ltd 1984 35
Page 87
Civil Procedure - Notice of Motion - content of application - grounds for application to
be set out in notice of motion under O.48 r.3 of CPR - omission fatal.
Civil Procedure - Notice of Motion - preliminary objection - timing - where counsel

intends to object thereto should raise it as preliminary objection and not as general
address to court in response to opposite counsel's submissions.
Jashbai Patel & Anor Vs. Lukwago Joseph 1984 44

Civil Procedure - temporary injunction - outcome of suit - where making order would
tantamount to making final order of court when case heard and completed remedy not
available.
A.M. Okwonga Vs. Ameda James Anywar & Anor 1984 45
Civil Procedure - parties - suits - unincorporated organization - existence of defendant
not recognised in law - whether action maintainable.
Ntungwerisho & 14 Others Vs. Mrs. Kakuhikire Charity 1984 31

Civil Procedure - precedents - wrong decisions - court not bound to follow own wrong
decisions.
Eletu John Vs. Uganda Airlines Corporation 1984 39

Civil Procedure - special damages - wrongful dismissal - salary and terminal benefits
must be claimed as special damages - special damages must be pleaded and
strictly proved.
Nsubuga Senfuma Vs. Serugga Yahaya 1985 35

Civil Procedure - appeals - application for extension of time - applicant to support his
application by sufficient statement of nature of judgment and of reasons for desiring to
appeal against it to enable court to determine whether or not refusal of application
would cause injustice.
Civil Procedure - appeals - institution - where intending appellant applies to appeal out
of time should comply with proviso to s.81 of Court of Appeal Rules to avoid
unnecessary applications.
Kondo Bulasio Vs. Bulandina Nankya & Anor 1985 22

Civil Procedure - appeals - consent judgment - appeal not to be allowed by consent
without being heard - parties may not by consent reverse judgment of court - only
appellate court to reverse decision of court below - issued of law not to be subject of
a consent orders.
Weke Asadi Vs. Livingstone Oola 1985 50

Civil Procedure - appeals - decision of district registrar - limitation - no inconsistence
between s.80(1\) (b) of Civil Procedure Act and O.44 r.7 of Civil Procedure Rules as
former covers various types of appeals while latter governs appeals against order of
District Registrar.
Civil Procedure - appeals - limitation - where appellant does enough to receive record
of proceedings in time in order to file appeal appellant covered by s.80(2) of Civil
Procedure Act and time begins to run against him when he receives certified copy of
order.
Page 88
Civil Procedure - execution - extracting decree - while general duty of extracting a
decree imposed on successful party because presumed anxious to execute judgment,
unsuccessful party anxious to appeal also has duty to take necessary and possible
steps to prosecute his appeal - this includes extracting decree which is pre-requisite
for filing appeal.
Semakula Fenekansi Vs. Mulondo Ezekiel S.M.S. 1985 29

Civil Procedure - appeals - new point of law - court not to entertain ground of appeal
which raises new point of law not argued before trial court.
Okwajja Labanito Vs. Okello Giripasio 1985 84

Civil Procedure - appeals - new point of law - point of law relied on to be one raised at
trial below unless appellant taken by surprise or special circumstances excuse
omission.
Associated Architects Vs. Nazziwa Christine 1985 25

Civil Procedure - appellate court - damages awarded in lower court - appellate court not
entitled to award damages merely because probable that if it had tried case figure
would have been different - could only interfere if satisfied that in assessing damages
complained of judge acted upon some wrong principle of law or that amount awarded
was extremely high or so very small as to make it entirely erroneous.
Libyan Arab Uganda bank Vs. Messers Intrepco Limited. 1985 73

Civil Procedure - applications - striking out pleadings - court to look at the pleadings
alone and any annextures thereto in considering applications under O.6 r.29 of
Civil Procedure Rules (S.I. 65-3).
Civil Procedure - applications - striking out pleadings - discretion given to court under
O.6 r.29 to be exercised only in plain and obvious cases - not applicable to cases
which raise serious question of law.
Civil Procedure - summary suit - proper defence - denial of indebtedness in amount

claimed by plaintiff proper defence which raises triable issued of fact and law fit for
trial by this court.
Uganda Transport Company Vs. Out 1985 27

Civil Procedure - costs - award of costs in discretion of trial judge under s.27 of Civil
Procedure Act (Cap. 65) - judge to exercise discretion on some grounds - adequacy
or sufficiency of grounds - adequacy or sufficiency - of grounds not to be matter on
which appeal court to interfere - appeal court to interfere where discretion not
exercised judicially.
Uganda Commercial Bank Vs. Ziritwawula Joseph 1985 96

Civil Procedure - execution order absolute - garnishee - execution against garnishee
impracticable or unfair where question of whether or not garnishee debtor has some
funds belonging to judgment debtor not resolved - where garnishee cannot ascertain
immediately before or after the issue of order nisi state of judgment debtor's account
order nisi cannot be meaningfully made absolute.
Kato Henry Vs. Kantinti Kerementi Lule 1985 97
Page 89
Civil Procedure - execution - arrest and detention of judgment debtor - made not
limited to decrees for payment of money and no provision excludes enforcement of
other decrees by same mode.
Nsubuga Abbas Vs. Kamya Asuman 1985 104

Civil Procedure - execution - sale of property - expiry of stipulated time for sale had
expired.
Civil Procedure - ex parte judgment - application to set aside - court to be satisfied t

that not only had defendant reasonable excuse for failing to enter appearance but also
as to prospects of success of action - not enough for defendant to say that has a
good defecne - defence to be disclosed in affidavit.
Kampala City Council Vs. Apollo Hotel Corporation 1985 77

Civil Procedure - ex parte judgment - defendant corporation - distinction to be drawn
between individual defendant and officer of corporate body which is defendant - where
o9fficer of corporation with multiferous duties to perform fails to enter appearance on
behalf of corporation especially where applicant has defence on merits of case or
where it appears that applicant not trying to deliberately obstruct or delay cause of
justice judgment to be set aside.
Civil Procedure - exparte judgment - when to be set aside - there to be factors or

reasons on which court to act in deciding that it just and reasonable to set aside ex
part judgment under O.9 r.9 of Civil Procedure Rules - where officer of corporation
served with summons not principal officer service defective and exparte judgment to
be set aside.
Civil Procedure - notice of motion - content of application - notice to state in general

terms grounds of application - notice that does not state grounds of application not
bad if states that grounds contained in attached affidavit as this amounts to
incorporation by reference.
Murome Sayikwo Vs. Kuko Yovan & Another 1985 68

Civil Procedure - limitation - grounds where suit brought after expiration of period of
limitation and this apparent from the plaint and no grounds of exemption shown plaint
to be rejected - must be apparent from the plaint and not defence that suit time -
barred before grounds of exemption shown - plaintiff to plead facts from which
reasonable inference to be made that suit not time barred - where limitation triable
issue can only be determined after hearing evidence on matter.
Mubiro Samuel kizito & Anor Vs. G.W. Byensiba & Another 1985 106
Civil Procedure - parties to suits - co-plaintiffs - parties not to testify on behalf of each
other unless express authority given in writing in accordance with O.1 r.12 (I) and (2)
of Civil Procedure Rules (S.I. 65 - 3 ).
Civil Procedure - pleadings - plaint - plaint to be struck out where omits to mention
that servant acting in course of employment.
Pan African Insurance Company Ltd Vs. Uganda Airlines Corporation & 2 Others. 1985 53
Civil Procedure - plaintiff - entitlement to judgment - plaintiff entitled to judgment only
in well stipulated situations.
Page 90
Civil Procedure - preliminary point of law - triable issue - where raises triable issue
point to be tried on merit.
Ebyetu Erumiya Vs. Gusberito 1985 63

Civil Procedure - plaintiff's case - equilibrium - where plaintiff fails to prove his case to
required standard and leaves case in equilibrium court not entitled to incline balance
in his favour.
Civil Procedure - pleadings - slander - name of persons to whom words uttered to be

set out in plaint - plaintiff not to prove at trial publication to person not named in plaint.
Civil Procedure - pleadings - slander - precise words used to be set out in plaint of
statement of claim - plaintiff not to rely on any other expressions during trial.
Maluku Interglobal Trade Agency Ltd Vs. Bank of Uganda 1985 65

Civil Procedure - summary procedure - counter-claim - where counter - claim arises
out of the same subject matter of the action and exceeds amount of plaintiff's claim
leave to defend suit to be granted.
Civil Procedure - summary procedure - leave to appear and defend - defence to be

stated with sufficient particularly to appear genuine - general or vague statement
denying liability will not suffice.
Civil Procedure - summary procedure - leave to appear and defend - defendant to show
bonafide triable issue of fact or law before leave can be granted - plaintiff not entitled to
summary judgment where reasonable ground of defence to claim shown - defendant
not bound to show good defence on merits - court not to enter upon trial of issues
disclosed at this stage.
Civil Procedure - summary procedure - leave to appear and defend - fraud- vague
suggestion of fraud or other misconduct on part of plaintiff will not suffice in application
for leave to defend.
Civil Procedure - summary procedure - scope - O.33 r.2 envisages actions for recovery
of land rent or manse profits where relationship or landlord and tenant exists or had
existed as rights of parties would be spelt out including rent payable - not applicable
where no tenancy agreement or agreement on rent and applicant at sufferance.
Nsambu and Luganda Advocates Vs. Lameck Kiviri Ntume Nyanzi 1985 80
Civil Procedure - summary procedure - leave to appear and defend - where contentions
of both parties raise triable issues leave to appear and defend to be given.
Kiyimba - Kagwa E.L.T. Vs. Haji Abdu Nasser Katende 1985 43

Civil Procedure - temporary injunction - conditions of grant - applicant to show prima
facie case with probability of success and irreparable injury not adequately compensated
for by damages - if court in doubt to decide application on balance of convenience.
Civil Procedure - temporary injunction - purpose of grant - purpose to preserve matters

in status quo until question to be investigated in suit finally disposed of.
Page 91
East Mengo Growers Co-operative Union Ltd Vs. National Insurance Corporation 1985 94
Civil Procedure - third party notice - non-appearance - where third party does not
appear judgment to be entered against.
Kibirige Rashid Vs. Dr.A. Lubega 1985 37

Civil Procedure - appeals - application to appeal out of time - application to contain
sufficient statement of nature of judgment and of reasons for desire to appeal against
it to enable court to determine whether or not refusal of application to cause injustice.
Ononge J.W. Vs. Okallang 1986 63

Civil Procedure - Appeals - first appellate - duty of first appellate court.
Civil Procedure - Locus in quo - purpose of visits - nature of proceedings at locus in

quo.
Musisi Edward Vs. Grindlays Bank (U) Ltd & Basere House Ltd. 1986 45
Civil Procedure - appeals - record of appeal - record of appeal to be filed within sixty
days after Notice of Appeal.
Kaingana Joy per Kaingana John Vs. Boubon Dabo 1986 59

Civil Procedure - applications - evidence by affidavit - person not to swear affidavit in
representative capacity unless advocate or holder of power of attorney or duly
authorized.
Civil Procedure - applications - evidence by affidavit - where application grounded on

evidence by affidavit copy of affidavit to be served with motion and to form part of
application - notice of motion incomplete without affidavit.
Civil Procedure - Notice of Motion - signature by judge - signature of judge and seal of
court not legal requirement their commission not fatal to application.
Namazzi Teddy Vs. Sibo Anne 1986 58

Civil Procedure - Notice of motion - Affidavit - affidavit to comply with Oaths Act
(Cap.52).
Civil Procedure - Reinstatement of suits - Application - Application for reinstatement

to show sufficient cause in affidavit.
Atto Ernest Vs. Alwala Tom 1986 65

Civil Procedure - costs - limit - costs in any suit have no limit - magistrate court may
award costs which exceed pecuniary jurisdiction of presiding magistrate provided
incurred during course of litigation - costs referred to in s.27 of Civil Procedure Rules
(S.I. 65-3).
Lobel (East African) Limited Vs. E.F. Lutwama 1986 41

Civil Procedure - ex-parte judgment - setting aside ex parte judgment - sufficient cause
to be shown in an application to set aside ex-parte judgment.
Civil Procedure - trial - purpose - purpose of trial is to enable parties to argue their
case for court to come out with fair decision.
Page 92
Kivamukutesa Consumers & Anor Vs. Ssebugwawo Nelson 1986 61
Civil Procedure - hearing notice - party who fails to file defence - party to be served
with notice of hearing whether under O.9 r.8A (2) or O.9 r.10 of Civil Procedure Rules
(S.I. 65-3).
Civil Procedure - suits - consolidation of suits - where after consolidation value exceeds
jurisdiction of trial court not to proceed with trial as after consolidation proceeds as
one action.
Kiiza Francis Vs. Attorney General 1986 71

Civil Procedure - pleadings - amendment - where amendment does not change nature
but quantum of claim and necessary for determining question in controversy to be
allowed under O.16 r.18 of Civil Procedure Rules (S.I. 65 -3).
Katuramu Moses K. Vs. Attorney General & Anor 1986 39

Civil Procedure - pleadings - reply - reply to written statement of defence forms part of
and parcel of his case - to be considered together with the plaint with the result that
it may supplement or cure any deficiency in plaint.
Namwandu Norah Nakiridde Vs. Hotel International Ltd 1987 85

Civil Procedure - affidavit - contents - where affidavit in reply contains matters of law,
argumentative and irrelevant to matters to be replied to -such affidavit incompetent
oppressive and an abuse or court process - and to be struck out with costs.
Civil Procedure - dismissed action - application for restoration - applicant to show

sufficient cause - sufficient cause means applicant had honest intention to attend
hearing and did his best to do so - and was diligent in applying - sickness of counsel
constitutes just cause.
Civil Procedure - resjudicata - application - to constitute matters in issue should be

heard and determined on merit for resjudicata to apply matter ought to have been heard
and determined - where not heard resjudication does not apply.
American Express International Banking Corporation 1987 34

Civil Procedure - appeals - admission of new evidence - new evidence only to be
admitted when shown that evidence not available during trial that due diligence in
obtaining it and that evidence would influence outcome of case.
Barclays Bank of Uganda Ltd Vs. Eddy Rodrigues 1987 36

Civil Procedure - appeals - extraction of decree - no appeal lies to court of appeal until
decree or order appealed from extracted.
Civil Procedure - notice of appeal - filing out of time - notice of appeal filed out of time
incompetent where no leave to extend time within which to appeal granted.
Civil Procedure - Appeals - supplementary record - where document not included in

record of appeal to be only introduced in proceedings by way of supplementary
record under r.89 of Court of Appeal Rules.
Page 93
Cloud 10 Limited Vs. Standard Chartered Bank (U) Limited 1987 64
Civil Procedure - applications - non-compliance with rules of procedure - where no
injustice caused to parties does not vitiase proceedings.
Matovu Asumani Vs. Kayondo Francis M. 1987 65

Civil Procedure - exparte judgment - application to set aside - where defendant applies
for stay of execution and ordered to file application to set aside judgment and fails to
do so may not subsequently apply for another stay of execution.
Kalema Doreen Vs. National Housing & Construction Corporation 1987 73

Civil Procedure - applications - temporary injunction immediate eviction where applicant
threatened with threatened with likely to cause hardship due to housing shortage order
available in circumstances.
Kibirige Rahsid Vs. Dr. A. Lubega 1987 44

Civil Procedure -applications - withdrawal by counsel - where counsel withdraws
application without instructions not advancing clients case - applications to be
reinstated.
Kanyabikali & Others Vs. Attorney General 1987 47

Civil Procedure - attached property - release by bailee - where such property released
to person with better title original judgment debtor not exonatated from his liability -
still liable to pay the decretal amount by execution of any other property.
Civil Procedure - attachment - judgment creditor - judgment - creditor to ensure that

property intended in execution property of judgment debtor.
National Insurance Corporation Vs. Mugenyi & Company Advocates 1987 28

Civil Procedure - dismissed suit - reinstalment - court to consider whether sufficient
cause shown.
Civil Procedure - dismissed suit - reinstatement - main test is whether applicant

honestly intended to attend hearing and did his best to do so other test were nature
of case and whether prima facie defence to suit.
Civil Procedure - Lower courts decisions - interference by court of appeal - not to

interfere unless satisfied that in exercising discretion judge misdirected himself in
in some matter and as result came to wrong decision or unless manifest from case as
whole that judge clearly wrong in exercise of discretion and in justice resulted.
M/S United Office Equipment & Stationary Supply (E.A) Ltd Vs.
Uganda Bookshop Ltd. 1987 90
Civil Procedure - exparte judgment - setting aside - judgment to be set aside for
sufficient cause - where advocate negligent and does not file application within a
reasonable time sufficient course not established under O.9 r.20 of Civil Procedure
Rules (S.I. 65-3).
M/S Muwayire Nakana & Co. Advocates Vs. DAPCB & another 1987 91
Civil Procedure - temporary injunction - application before different court - action to be
pending before court which is to grant temporary injunction - not sufficient to aver in
affidavit that record is in different court.
Page 94
Lebel (East Africa) Ltd Vs. Lutwama 1987 26
Civil Procedure - exparte judgment - setting aside - where defendant and or his counsel
have good reasons for missing trial and appellant has good defence to suit
application to be allowed.
Nyombi Vs. Ann. Mary Nalongo 1987 82

Civil Procedure - exparte judgment - application to set aside - where serious
irregularities in procedure application to be allowed under O.9 r.9 as Courts
jurisdiction wide and unlimited as to reasons to set aside.
James J. Obel - Ochola Vs. Computer & Equipment Services Ltd 1987 83
Civil Procedure - summary procedure - application for leave to appear and defend -
duty to fix hearing date in application for leave to appear and defend summary suit-
Court Judge or Court officer signing form 4 Appendix A may fix or either party to
proceedings.
Civil Procedure - prosecution of suit - dismissal - court not to dismiss suit for want of
prosecution if delay justifiable reasonable and not intended to frustrate justice.
Civil Procedure - High Court - Company incorporated outside Uganda - where summons
served or defendant in an office in Kampala - jurisdiction conferred on Court by S.15
(a) Civil Procedure Act (Cap.65).
Sekitto Wilson Vs. Nsambu Bethuel 1987 50

Civil Procedure - exparte judgment - unliquidated demand - not to be entered where
demand unliquidated - suit to be set down for assessment of value in normal way.
Saudi & Anor Vs. Mukunyu Alli 1987 51

Civil Procedure - Appeals - stay of execution - application to be made to court which
passed decree or to High Court if sufficient cause shown before time within which to
appeal expires.
Batemuka Denis Kimuli Vs. Sarah Birobonwa Anywar & Ltd John C. Anywar 1987 71
Civil Procedure - parties to suits - who to sue - plaintiff entitled to sue anybody he has
claim against.
Civil Procedure - Rules - non-compliance - non compliance not detrimental to

proceedings if no injustice caused.
Civil Procedure - Temporary injunction - order substantially disposing of suit - where

order prayed for if granted would substantially dispose of suit injunction not to issue.
Noel Okiya Vs. The New O.K. Mill (1985) Ltd 1987 53
Civil Procedure - pleadings - amendment of - application to amend written statement
of defence - application oral - made in course of adducing evidence for defence -
application unduly late but competent in interest of justice.
Civil Procedure - pleadings - written statement of defence amendment of - application

made in course of defence evidence - amendment introduced new matters not
specifically pleaded - amendment allowed to facilitate final decision or matters in
dispute between parties.
Page 95
Katuku James & Others vs. Kalimbagiza 1987 75
Civil Procedure - pleadings - counter - claim - reply to counter - claim not to be filed
outside statutory period without order of court extending period of 14 months clear
indolence and inexcusable.
Katuramu K. Moses Vs. The Attorney General & Another 1987 24

Civil Procedure - pleading - limitation of action - where exemption from limitation not
pleaded in plaint but pleaded in plaintiff's reply - action not time barred as reply to
defence not a plaint but forms part of the plaintiff's action and should be considered
together with plaint.
Lusweswe Robert a. Vs. G.W. Kasule & Anor 1987 62
Civil Procedure - preliminary objection - issues of evidence - where objection raises
issues of evidence which require proof to be over - ruled.
Civil Procedure - preliminary objection - proper procedure - point to be properly raised-

wrong to apply or follow wrong procedure to cure irregularity on face of record
especially where provisions for curing that irregularity clearly laid down.
Wanendeya William Vs. Norcensult A.S. 1987 88

Civil Procedure - temporary injunction - application to set aside - court to be
satisfied or merit in defence - defence does not mean one to succeed but one that
raises triable issue - not necessary at this stage to bring evidence.
Civil Procedure - temporary injunction - application to set aside - court to be satisfied

that reasonable excuse prevented defendant from entering appearance or that
summons not received - where summons served on advocate who cannot
communicate with defendant and withdraws from case amounts to reasonable excuse.
Mugenyi Yesero Vs. Wandera Philemon K. 1987 78

Civil Procedure - temporary injunction - irreparable injury - injunction not to be granted
where no likelihood of irreparable injury.
Civil Procedure - temporary injunction - notice to opposite party - requirement to give
notice to opposite party in clearly mandatory and burden of satisfying court that there
is good cause for dispensing with it lies on applicant.
Civil Procedure - temporary injunction - irreparable injury - where applicants right

already infringed injunction not to issue.
Waswa Tonny Vs. Kakooza Joseph 1987 79

Civil Procedure - temporary injunction - purpose -meant to preserve status quo until
final settlement of whole dispute so as to protect applicant from irreparable injury -
not available where status quo already disturbed by applicant being forced out of suit
premises.
Civil Procedure - temporary injunction - notice to opposite party service mandatory

under O.37 r.3 of Civil Procedure Rules (S.I.65-3) to respondent where service of
notice to be dispensed with onus on applicant to satisfy court that there is a good
cause to dispense with it - onus not discharged by mere statement that application
brought ex parte made decision to dispense with notice.
Page 96
Odido Alphnse Vs. Lebel (E.A) Ltd, Eclipse mercantile Co. Ltd & Ochada G. 1987 77
Civil Procedure - temporary injunction - notice to opposite party - where there are
good reasons notice to be dispensed with.
Civil Procedure - temporary injunction - purpose - purpose is to preserve matters in

status quo until question to be investigated in suit finally disposed of - injunction to
issue where only way to stop eviction of applicant from suit premises is to grant
injunction.
Musoke Erisa Rainbow Vs. Kezaala Ahamada & Others 1987 81

Civil Procedure - temporary injunction - part - heard suit - where suit to resolve issue
of proprietorship or plot pending and construction commenced on plot by party to suit
circumstances favours temporary injunction as likelihood of irreparable injury.
Kituma Magala Vs. Uganda Transport Company (1975) Ltd 1987 56

Civil Procedure - temporary injunction - premises occupied by virtue of terminated
contract for employment - breach of employment - where grant would protect
applicant's occupation of residential premises - premises occupied by virtue of
terminated contract - effect of granting tantamount to keeping contract alive where not
available.
Afro Ugandan Brothers Ltd Vs. Mpologoma Brothers General Agency Ltd 1987 93
Civil Procedure - temporary injunction - valid - discharge - where purpose for which
injunction granted has stopped to exist by effluxion of time injunction to be discharged.
Yakune Yoan Vs. Nakabembe Victoria 1988-90 138

Civil Procedure - appeals - memorandum of appeal - memorandum to bear court seal-
where presented without court seal not court document.
Civil Procedure - appeals - extraction of formal decree - failure to extract formal decree
before filing appeal defect going to the jurisdiction of court and not to be waived.
Bemba Ruth & Anor Vs. Departed Asians Property Custodian Board 1988-90 139
Civil Procedure - agreements - arbitration clauses - inclusion of arbitration clause in
agreement not to oust jurisdiction of courts.
Civil Procedure - pleadings unmaintainable suit - pleadings to show unmaintainable

suit all matters which render suit unmaintainable.
Caltex Oil (U) Ltd Vs. Kyobe 1988-90 141

Civil Procedure - decree under O.33 - setting aside - applicant to satisfy court either
that no effective service or show other good cause relating to failure by applicant to
take necessary steps at right time - where decree granted in excess of amount owed
decree to be set aside.
Civil Procedure - summary procedure - leave to appear and defend - defendant to

disclose such facts as might be deemed sufficient to entitle him to defend - where
defendant's indebtedness not in amount claimed in plaint defendant entitled for leave
to defend.
Masaba Abdalla & Others Vs. Mukhwana Maumbe Jack 1988-90 146
Page 97
Civil Procedure - appeals - taxation order - no need to extract order if the appeal
against taxation order of taxing officer.
Kateeba Enos Vs. Newman Kanyehamye 1988-90 125

Civil Procedure - interlocutory judgment - setting aside - procedure of setting aside
interlocutory judgment is by way of appeal or review.
Kayondo H.M.B. Sc. Vs. Attorney General 1988-90 127

Civil Procedure - applications - application to strike out pleadings - formal application -
not necessary.
Civil Procedure - pleadings - cause of action - facts as will use its inherent powers to
strike out plaint or WSD where defect apparent on the face of record and where no
amount of amendment will cure defect.
Civil Procedure - pleadings - striking out pleadings for non-disclosure - court to be

satisfied that case presented to court unmaintainable and unarguable before striking
out pleadings.
Civil Procedure - pleadings - cause of action - facts as pleaded to show that plaintiff
enjoyed legal protection before cause of action established.
Karatunga Clovis Vs. Nyakairu Edirisa 1988-90 113

Civil Procedure - summary procedure - amendment of plaintiff - where filed under
summary procedure amendment not to be made - affidavit accompanying application
for leave to appear and defend not WSD within the meaning of O.6 r.19 of Civil
Procedure Rules.
F.D.Sebamala Vs. Registered Trustees of Namirembe Diocese & Rt. Rev. Kisekka 1988-90 114
Civil Procedure - applications - among rules of citing wrong not rule fatal if it does not
occasion miscarriage of justice
Civil Procedure - notice of motion - grounds - notice Of motion to spell out in general
terms grounds of application.
Standard Chartered Bank Vs. Clouds 10 Limited 1988-90 84

Civil Procedure - hearing - exparte proceedings - right of absent party to cross -
examine witnesses.
Civil Procedure - applications - inherent powers - invoking inherent powers of court -

where clear rule is available.
Marisa Lucas Vs. Uganda Breweries Ltd 1988-90 131

Civil Procedure - applications - reinstatement of suit - application to be brought without
delay if applicant to be taken seriously.
Civil Procedure - applications - reinstatement of suit - to succeed under O.9 r.20

applicant to satisfy court that existed sufficient cause for non-appearance at time of
hearing suit - sufficient cause to relate to failure by applicant to take necessary steps
at the right time.
Page 98
Babumba Francis & 2 Others Vs. Bunju Erusa 1988-90 119
Civil Procedure - temporary injunction - premature disposal of suit - whether grant of
temporary injunction would prematurely dispose of whole case depends on facts of
each case - where triable issue established can't be said to dispose of whole case.
Kayondo David B. Vs. Co-operative Bank Limited 1988-90 82(b)

Civil Procedure - arbitration - jurisdiction of court - where a statute provides for
arbitration of jurisdiction of court is ousted until after the mater is referred to the name
arbitrator.
Rwantale Vs. Rwabutoga 1988-90 100

Civil Procedure - costs - successful party - successful defendant only to be deprived of
costs when his conduct prior to or during course of suit has led to litigation which but
for his conduct might have been avoided - costs to follow event unless court or judge
for good reasons orders otherwise.
Civil Procedure - deprivation of costs - procedure for aggrieved party - party to proceed
under O.46 r.8 of Civil Procedure Rules.
Ijjala J. F. Vs. Corporation Energo Project 1988-90 157

Civil Procedure - service of summons - corporation - service duly effected on
corporation where left at principal place of business or head office of corporation.
Civil Procedure - exparte judgment - application to set aside - where defendant admits
liability judgment not to be set aside as no defence on merits available to satisfy to
set aside judgment.
Ochola Maria Anyango & 2 Others Vs. Hanningtone Wasswa & Another 1988-90 102
Civil Procedure - execution - adjournment of sale - adjournments to be made in
accordance with sub-rule (1) or r.65 O.19 of Civil Procedure Rules - where sale
adjoined for more than 7 days fresh public notice to be given unless judgment debtor
consents to waive giving of such notice - where no proof that judgment debtor waived
requirement sale null and void.
Civil Procedure - execution - court brokers - protection given to court brokers u/s 46(2)
of Judicature Act only applies in respect of nay lawful act done - no protection afforded
where court officer messes up and does unlawful act.
Civil Procedure - execution - re-advertisement of sale - sale - sale to be carried out

thirty days from date of publication otherwise to be null and void.
Ayigihugu & Company Advocates Vs. Mary Muteteri Munyankindi 1988-90 161
Civil Procedure - institution of suits - attorney - holder of power of attorney to take
proceedings in one of owner of property donor - attorney has no right of action.
Civil Procedure - institution of suits - substitution of parties - exparte proceedings -

where plaintiff proceeds ex parte improper for court to order that any other person be
substituted as plaintiff under O.1 rr.10 (2) and (3) or be stuck out.
Civil Procedure - institution of suits - striking out proceedings - exparte proceedings -

where proceedings ex parte only alternative to strike out proceedings.
Page 99
Kanyabujunja Bob Vs. Kakooza Ahamed 1988-90 166
Civil Procedure - interlocutory orders - preservation of suit property - court has powers
to order suit properties to be impounded where if plaintiff succeeds there might be
barren results.
Matugga Coffee Growers Vs. Lwemwedde Coffee Factory Limited 1988-90 116
Civil Procedure - joinder of parties - co-plaintiff must be interested in outcome of suit.
Osman Vs. Transocean (U) Ltd 1988-90 57

Civil Procedure - limitation of actions - detinue - detinue continuing tort in which cause
of action arises with every day of wrongful detention.
Bagalaliwo Mohammed Haji Vs. Attorney General 1988-90 136

Civil Procedure - limitation - disability - disability means any incapacity which might
hinder a person from taking the right step at the right time under s.4 of Civil Procedure
and Limitation (Miscellaneous Provisions) Act No.20 of 1969.
Obbo Lawrence Vs. Owor Badru & Okoyo Simon Peter 1988-90 93
Civil Procedure - institution of suits - similarity of suits - suits not similar where parties
different and the prayers to court different.
Civil Procedure - execution - court brokers - court brokers can only plead immunity if
acting in pursuance of lawful decree of court.
Opika - Opoka Vs. Munno Newspapers and Another 1988-90 91

Civil Procedure - pleadings - departure - where new matters raised which not raised in
pleadings inconsistent with pleadings and to be disallowed.
Serunjogi Edward Nelson Vs. Katabira Lameck Sewava 1988-90 148

Civil Procedure - pleadings - failure to enter appearance - a party who fails to enter
appearance and file a defence is deemed to have admitted the allegation.
Katarahwire H. Vs. Lwanga Paulo 1988-90 86

Civil Procedure - pleadings - negligence - plaints based on negligence must specifically
set out particulars of alleged negligence.
Norah Mayanja & 2 Others Vs. Habre International Trading Co. 1988-90 163
Civil Procedure - stay of execution - ex parte application - although interim stay order
can be passed pending disposal of application to stay without notice to decree holder
final order staying execution not to be made without such notice.
Okurut Augustine Vs. Lwasa Gerald & Produce Marketing Board. 1988-90 164
Civil Procedure - service of process - corporations - service to be effected on a
"Principal Officer" of the Corporation.
Musoke Rose Mary Nantaba Vs. Kirovesi Musoke 1988-90 98

Civil Procedure - suits - filing of suits - suit to be fixed for hearing without to days from
last day of filing defences.
Page 100
Kabagambe Charles Vs. Uganda Posts & Telecommunication Corporation. 1988-90 134
Civil Procedure - suits - re-instatement of suits - applicant for re-instatement of suit
must furnish sufficient reason for non - attendance.
Mulijibhai Madhivan & Another Vs. Teurani Naraindas t/a Paradise Novelties 1988-90 152
Civil Procedure - temporary injunction - grant - where status quo to be maintained
already reached before application made not to be granted.
Civil Procedure - temporary injunction - discharge - where no serous question of law

to be investigated and grant not likely to succeed injunction to be discharged.
Kedi David Vs. Attorney General 1991 110
Civil Procedure - amendment of pleadings - application to amend can be oral if no
injustice will result.
Civil Procedure - limitation - pleadings - it is sufficient if the facts on which exemption

is claimed are reflected in the pleadings.
Wasswa Hannigton Vs. Maria Ochola & 2 Others 1991 47

Civil Procedure - appeals - appeal heard experte - application to set aside ex parte
proceedings.
Civil Procedure - service of summons - service on Sunday - whether effective.
Civil Procedure - affidavit of service - failure to disclose how deponent/server knew the
person on whom service was effected.
Civil Procedure - service of summons - tendering original and duplicate - whether

proper.
Civil Procedure - notice of motion - failure to state that grounded on affidavit - whether
fatal - failure to serve affidavit - whether fatal - Civil Procedure Rules: O.5 r.17, r.9, r.15
O.48, r.3, O.47.
Biiso Robert Vs. Tibamwenda May 1991 92

Civil Procedure - appeals - decree - failure to extract decree before failing appeal
defect going to jurisdiction of court and not to be waived.
Civil Procedure - inherent jurisdiction - specific statutory provision - inherent powers

not to be invoked where specific statutory provision in place.
Civil Procedure - pleadings - amendment - court not to amend pleading where to do so

would tantamount to exonerating party from complying with statutory provision.
Attorney General Vs. Oriental Construction Co. Ltd 1991 50

Civil Procedure - appeals - extension of time - matter of public importance - whether
sufficient reason for extension of time.
Mubiru Boniface Rev. Fr. Vs. Bernard Mukasa 1991 51

Civil Procedure - counter claims - awards - where the defendants pleadings do not
disclose a counter claim court not to make awards on prayers made from the bar.
Page 101
Kambutu Joseph Vs. Oyugi Peter 1991 106
Civil Procedure - appeals - stay of execution - courts always inclined to grant
application pending appeal.
Board of Governors Gulu S.S.S.& H/M Gulu S.S.S. Vs. Phinson E. Odong 1991 85
Civil Procedure - appellate court - powers of appellate court - whether has power to
take or order to be taken additional evidence s.81 Civil Procedure Act.
Civil Procedure - evidence - appellate court - has power to take additional evidence
under s.81 (1) Civil Procedure Act.
Kabaterana James Vs. Ntimba John & Anor 1991 82
Civil Procedure - applications - Adjournment - format - whether failure to comply with
rules of procedure is fatal.
Civil Procedure - election petitions - whether can be heard exparte.
Mugabi Evarist Vs. Attorney General 1991 65

Civil Procedure - pleadings - pleadings to be signed by the Advocates or parties to
suits or their agents.
Civil Procedure - amendments to pleadings - application - application to amend

pleadings to be by chamber summons.
Gukiina Peter Vs. Paul Kawanga Semogerere & Others 1991 72

Civil Procedure - applications - leave to appeal - memorandum of appeal to be lodged
within 60 days after leave is granted.
Civil Procedure - election petitions - appeals - no appeal lies from election petition
conclusively determined by the trial court.
Civil Procedure - execution - no execution can issue on a decree issued after a period
of one year.
Professor Timothy Wangusa Vs. Muloosi Edward 1991 101

Civil Procedure - taxation of costs - appeal against order for thrown away costs
definition - taxing officers' powers.
Nakire Joyce & Anor Vs. Charles Mpanga Kaggwa 1991 102
Civil Procedure - probate - revocation whether a citation can be issued against a party
to the proceedings.
Mugoya Peter Vs. Gidudu James 1991 63

Civil Procedure - jurisdiction - whether a magistrate Grade III could try a suit whose
value exceeds shs.2,500/=.
Civil Procedure - jurisdiction - trial by a magistrate without pecuniary jurisdiction -

effect thereof.
Civil Procedure - revision of the High Court.
Page 102
Matovu B, Simbizi K., Wagweeku A. Kayinda A. Vs. A.G. & Namunyumya R. 1991 88
Civil Procedure - injunction 0 government - court may not order injunction against the
government.
Mugimu Abby Vs. Basabosa Luciano 1991 70

Civil Procedure - attachment before judgment - what should be considered before
attachment is ordered.
Civil Procedure - Mareva injunctions - whether can be granted - considerations before

granting mareva injunctions.
Construction Engineers & Builders Ltd Vs. Attorney General 1991 56

Civil Procedure - pleadings - amendment - amendments to be allowed in the interest
of justice and if no injustice would result.
Waino Eridadi Otabong Vs. Attorney General 1991 45

Civil Procedure - pleadings - whether plaint should be rejected where suit appears to
be barred by any law under O.7 r.11 and O.7 r.6 of the C.P.R.
Wasswa Hannington Vs. Maria Ochola & 2 Others 1991 47

Civil Procedure - appeals - appeal heard exparte - application to set aside ex parte
proceedings.
Civil Procedure - service of summons - service on Sunday - whether effective.
Civil Procedure - affidavit of service - failure to disclose how deponent/server knew the
person or whom service was effected.
Civil Procedure - service of summons - tendering original and duplicate - whether proper.
Civil Procedure - notice of motion - failure to state that grounded on affidavit - whether
fatal - failure to serve affidavit - whether fatal - Civil Procedures Rules O.5 r.17, r.9, r.15,
O.48, r.3 O.47.
Tatiana Victorovina Thusova Adebiyi Vs. Adebeyi Adesola Adenji 1991 80

Civil Procedure - service of court process - petitioner lost contract with the respondent-
whether requirements under s.33 on the Divorce Act can be dispensed with.
Bulenzi Moses Vs. Cornie Wandera 1991 58

Civil Procedure - service - adult member of family - where the person named in the
summons cannot be traced, service can only be effected on an adult member of the
family if he is staying with him.
Civil Procedure - computation of time.
Irumba Tomasi & Others Vs. Attorney General 1991 90

Civil Procedure - suits against government - entry of appearance - Attorney General
can enter appearance and file defence at the central registry even if the suit is filed in
a district registry.
Civil Procedure suits against government - interlocutory judgments - leave of court to
Page 103
obtained to get an interlocutory judgment against government.
Ahmad Farah Alli & Anor Vs. Isaka Mayambza 1991 97

Civil Procedure - Temporary injunction - purpose of granting is preservation of status
quo - cannot be granted where pecuniary damages sufficient as compensation.
Civil Procedure - temporary injunction - preservation of status quo - where applicant

is an old men incapable of securing own accommodation - pecuniary damages
considered insufficient atonement.
Transami (U) Ltd Vs. Tansocean (U) Ltd 1991 59

Civil Procedure - third party proceedings - liability of third party.
Asha Chad Vs. Attorney General 1992-93 183

Civil Procedure - adjournments - discretionary power - discretionary power of court to
adjourn or not to adjourn.
Civil Procedure - applications - joinder of parties - applicant to have legal interest in the
suit.
Bazira Construction and Engineering Work Ltd Vs. E.A. Steel Corporation 1992-93 220
Civil Procedure - applications - wrong procedure - S.17 of The Arbitration Act, Cap.55,
Rules 12 & 16 of the Arbitration Rules.
Mpagazihe & Baryabishubamu Vs. Nchumisi 1992-93 148

Civil Procedure - trial - undefended party - where party has not defended himself before
the trial court - higher court will order that he be given opportunity to defend himself.
Haji Badru Ssalongo Vs. Kasese Town Council 1992-93 159

Civil Procedure - amendment of pleadings - amendment of plaint without leave of court -
where the defendant(s) has/have neither entered appearance nor filed a written
Byaruhanga Robert Vs. Rukungiri District Administration 1992-93 168

Civil Procedure - appeals-appeal out of time - calculation of time to exclude Sundays-
striking out appeal filed out of time.
Mugabi Evaristo Vs. Attorney General 1992-93 169

Civil Procedure - applications - extension of time - time within which to lodge appeal-
sections 80 (1) Civil Procedure Act - Rule 4 of the Supreme Court Rules - application
for extension of time has to be made promptly - good cause must be shown for entire
period of delay - delay must be by dilatory conduct on part of applicant.
Civil Procedure - applications - leave to appeal - where suit struck out, no case
pending before court of which applicant can seek leave to appeal.
Wasswa J. Hannington & Another Vs. Ochola Maria Onyango & 3 Others 1992-93 103
Civil Procedure - appeals - appeals against exercise of a discretion to grant an
extension of time - grounds upon which the court of appeal may interfere with the
exercise of a discretion of a judge.
Page 104
Executrix of the Estate of the late Christine Mary Namatovu & Namatove Mary
Vs. Noel Grace Shalita Stanazi 1992-93 85
Civil Procedure - appeals - extension of time - time within which to file decree/appeal
rr.4 of the Court of Appeal Rules 1972.
Kirunda Yafesi Vs. Isanga Sedulaki 1992-93 96

Civil Procedure - appeals - fact and findings - trial court seeing witnesses and
considering evidence - whether second appellate should interfere.
Civil Procedure - appeals - jurisdiction - question of law - second appellate court

jurisdiction for reversal of a question of law.
Micah Francis Mansio Vs. Nuwa Walakira 1992-93 88

Civil Procedure - appeals - jurisdiction - inherent powers of court to stay execution of
its order.
Civil Procedure - notice of appeal - address for service - respondent - whether

mandatory.
Civil Procedure - stay of execution - concurrent jurisdiction - Supreme Court may

entertain application for stay of execution.
Nyanzi Mohamed Haji Vs. Ali Segne 1992-93 218

Civil Procedure - appeals - time for lodging appeal - whether appeal lodged in time -
s.80 (1) 8(2) of Civil Procedure Act.
Civil Procedure - decree - who extracts a decree - O 47 r.7(2) C.P.R.
Hariprasad Ramabai Patel Vs. Babubhai Kalidas Patel 1992-93 137

Civil Procedure - security for costs - when payment of security of or costs is
demanded - O.23 rr.1 & 3 C.P.R.
Magala Fredrick William Vs. Family Planning of Uganda 1992-93 139

Civil Procedure - applications - adjournment - right to adjourn not a matter of course
but to be granted where sufficient cause is shown.
Civil Procedure - applications - adjournment - sufficient cause for adjournment -

whether absence of a party is sufficient reason where his advocate is present and the
matter before court is purely on a question of law.
Civil Procedure - costs - whether costs should be born by party where case is
dismissed due to Counsel's negligence.
Civil Procedure - status of advocate - whether advocate is agent of client.
Engola Ann Mary Vs. Charles Acire 1992-93 233

Civil Procedure - stay of execution - execution by committal of the judgment debtor to
a civil prison - meaning of 'Pending Suit' under O.19 r.26 - all civil application not suits
within meaning of O.19 r.26 - Court's inherent powers.
Page 105
Mukasa Violet Vs. Matovu Erizafani 1992-93 235
Civil Procedure - applications - application to set aside ex parte judgment - application
for an order for the grant of certificate of urgency to hear application in vacation -
urgency to be disclosed in application itself - failure to defend suit must be due to
good reason - substituted service of summons is sufficient service.
Mugenyi & Co. Advocates Vs. National Insurance Corporation 1992-93 82

Civil Procedure - applications - stay of execution - notice of appeal filed by respondent-
respondent applied for stay of execution pending appeal - whether High Court has
jurisdiction to hear application.
Civil Procedure - applications - stay of execution - stay of order for costs pending
appeal to Court of Appeal against such order - whether High Court had power to grant
a stay - whether should be granted.
Civil Procedure - applications - stay of execution - stay pending appeal - application

made under O.19 rr.26 and s.101 of the Civil Procedure Act - whether stay of execution
can be granted.
Nitco Limited vs. Hope Nyakairu 1992-93 135

Civil Procedure - applications - temporary injunction - factors to be considered before
grant - purpose of temporary injunction under O.37 r.1, 2 & 3 of C.P.R.
Turyamureba George Brown Vs. Attorney General 1992-93 214

Civil Procedure - applications - written statement defence . - application to strike off
written statement defence.
Civil Procedure - application - written statement defence - application to strike off

written statement defence - whether misconceived.
Bazira Construction and Engineering Work Ltd Vs. E.A. Steel Corporation 1992-93 220
Civil Procedure - applications - wrong procedure - S.17 of the Arbitration Act Cap.55.
Rules 12, 16 of the Arbitration Rules.
Ssenyonga Ali Sheikh & 7 Others Vs. Sheikh Hussein Rajab Kakooza & 6 Others. 1992-93 93
Civil Procedure - burden of proof - allegations - the person who alleges must prove.
Mugabi Elly B. Vs. Nyanza Textile Industries Ltd 1992-93 227

Civil Procedure - cause of action - definition.
Civil Procedure - continuing cause of action - limitation periods- whether claim of

personal injuries where the cause of action continuous could be disability for purposes
of limitations - disability to be disclosed in plaint in accordance with O.7 r.6 of Civil
Procedure Rules.
Civil Procedure - limitation - whether claim for personal injured can be brought after
three years.
Segulani David Vs. Rose Mary Natukunda & Another 1992-93 141
Civil Procedure - civil jurisdiction - counter - claim - subject matter in counter claim
exceeds pecuniary jurisdiction of Chief Magistrate's Court - transfer of case to High
Page 106
Court - whether High Court has competent jurisdiction to hear counter claim filed in
lower court - s.18 Civil Procedure Act (Cap.65).
Civil Procedure - defence - counter claim - procedure where defence includes counter -
claim O.8 r.2 Civil Procedure Rules.
Odo Tayebwa Vs. Eldadi Bongonzya & Another 1992-93 143

Civil Procedure - civil jurisdiction - nullity - proceeding before a court without competent
jurisdiction null and void.
Civil Procedure - powers of High Court - quashing proceedings - under s.84 of Civil
Procedure Act where magistrate had no jurisdiction.
Civil Procedure - supervisory powers - Chief Magistrate - has no power to deal with a
part- heard case where a Magistrate Grade II had no jurisdiction.
Arikod Yowana Vs. Malinga Firipo 1992-93 91

Civil Procedure - consolidation of suits - O. XA C.P.R.-Suits pending in same court
may be consolidated or one of them may be stayed.
Civil Procedure - consolidation of the Supreme Court on second appeal - s.74(a) 1( c)

where decision is contrary to laws or some usage having force of law - where decision
has failed to determine some material issue of law or usage having to force of law -
where a substantial error or defect in procedure by the Act or any other law giving rise
to error or defect in decision.
Civil Procedure - consolidation of suits - when to be done - at the beginning or early

stage of the trial with issues clearly drawn up.
Esso Standard (U) Ltd Vs. Semu Emanu Opio 1992-93 107
Civil Procedure - costs - award given due to error on the part of the trial judge when
each party to the dispute is not at fault - whether costs of the appeal from the award
should be made against any party.
Civil Procedure - parties to the dispute not allowed to address court before judgment
is delivered - whether procedure is proper.
Butagira Francis Vs. Namukasa Deborah 1992-93 98

Civil Procedure - costs - award - principles governing award of costs - meaning of good
cause in denying the successful party costs - s.27 of the Civil Procedure Act.
Abdu Ssalongo Vs. Kasese Town Council & M/S Kabaco Uganda Ltd 1992-93 163
Civil Procedure - court orders - violation - violation of court order of temporary
injunction - remedy under O.37 r.2 (3) C.P.R. - formal application by way of Notice of
Motion necessary to move court.
Civil Procedure - filing and service - written statement of defence - O.8 r.1 & 19 C.P.R.-
besides filing written statement defence defendant needs at same time to proceed
and serve plaintiff with duplicate of written statement defence at the plaintiff's address.
Civil Procedure - locus in quo - visit - visit to locus in quo before court has entertained
Page 107
matter highly prejudicial.
Katuramu Christopher Vs. Maliya & 3 Others 1992-93 161

Civil Procedure - institution of suits - payment of fees - no action is filed unless fees
have been paid.
Civil Procedure - review - grounds - grounds upon which review can be made.
Masaka Farmers & Producers Ltd Vs. Aloysius Tamale & Another 1992-93 203
Civil Procedure - interlocutory judgments - setting aside interlocutory judgment - where
defendant misled by summons about date of entering appearance interlocutory
judgment to be set aside.
Sendaula David Mukasa & Another Vs. Nakalanzi Christine 1992-93 181
Civil Procedure - limitation - land claims - land based on fraud - action arises when
fraud is discovered by the plaintiff.
Coffee Marketing Board Ltd Vs. Frank Kizito c/o Creative Designer 1992-93 175
Civil Procedure - pleadings - amendment of pleadings - leave to amend written
statement defence to include counter claim - grounds upon which leave can be
granted.
Semusambwa James Vs. Mulira Rebecca 1992-93 177

Civil Procedure - limitation - whether claim for specific performance of a contract can
be brought after the expiration of 6 years from the date when contract made.
Administrator General Vs. Peter Mukasa & Apollo Juuko Kasiita 1992-93 222
Civil Procedure - parties to suit - Administrator General's locus standi in a suit for
revocation of letters of Administration - preliminary objection - whether Administrator
General could sue on behalf of a widow for revocation of letters of administration.
Civil Procedure - plaint - whether plaint disclosed any cause of action.
Kekishaka Seperanza Vs. Arthur Muhoozi 1992-93 150

Civil Procedure - pecuniary jurisdiction - Magistrate Grade II Courts - decision of court
on matter over which it has no jurisdiction is null and void.
Mbabali Daniel Sempa Vs. William Kizza & Administration General 1992-93 243
Civil Procedure - res judicata - meaning - effect of.
Nabanoba Mary Vs. Sekanwagi Joseph 1992-93 114

Civil Procedure - res judicata - whether a matter based on statute adjudicated upon by
RC Courts is res judicata.
Civil Procedure - res judicata - whether a matter whose pecuniary jurisdiction is beyond
the limits of R.C. Courts adjudicated upon by R.C. Courts is res judicata.
Ochola David Otto & Ochola Florence Vs. Attorney General 1992-93 117
Civil Procedure - Statutory Notice - service - proof - where defendant has been
notification but disputes manner of service thereof need for defendant to demand to
have a copy by way of asking for further and better particulars.
Page 108
T.M.K. Vs. Jack Busingye & 2 Others 1992-93 157
Civil Procedure - stay of execution - application for stay of execution before an
application for execution is made is perfectly in order and not premature.
Civil Procedure - stay of execution - application for stay of execution to be brought by

Notice of Motion under s.101 C.P.A.
Bogere Jennifer Vs. Uganda Railways Corporation 1992-93 199

Civil Procedure - suits - same subject matter - suit in respect of the same subject
matter and same parties - position of case filed after original suit.
Balya Michael Vs. Banyanga Raphael 1992-93 152

Civil Procedure - successor magistrate - jurisdiction - jurisdiction of successor magistrate
under s.142 M.C.A. - whether Chief Magistrate can be successor magistrate to Grade
I Magistrate.
Kiiza Paulo Vs. Yozefu Bweyale 1992-93 153

Civil Procedure - transfer of suits - from High Court to Chief Magistrate's Court - factors
to be considered - the proper procedure for applying for transfer of cases from High
Court to Chief Magistrate's Court.
Kintu JohnJ.E. Vs. The Registered Trustees of Uganda Centre of St. John
Ambulance Association. 1992-93 237
Civil Procedure - summary procedure - leave to appear and defend - defendant to
disclose such facts as might be deemed sufficient as to entitle him to defend -
whether defendant challenges the fact that his tenancy was terminated is entitled to
leave to defend.
Civil Procedure - summary procedure - whether claims for recovery of land can be
brought by summary suit.
Kasule Abubakar Kato Vs. Muwhezi Tomson 1992-93 212

Civil Procedure - summary suit - application for leave to appear and defend - not
necessary to show good defence on merit of the case - enough to show that there is
a bonafide triable issue.
Uganda Commercial Bank Vs. General Parts (U) Ltd 1992-93 210
Civil Procedure - temporary injunction - conditions on which temporary injunction can
be granted - whether likelihood of the applicant succeeding in the main suit and
apparent irreparable damage should be considered.
Kibaalya Miriam & 3 others Vs. Kibaalya Samuel Wambuzi 1994-95 80

Civil Procedure - fraud - particulars of fraud must be pleaded - Order 6 rule 2 of Civil
Procedure Rules.
Civil Procedure - Order 7 rule 1 paras (b) and (c) of the Civil Procedure Rules - address
and place of residence of the plaintiff and defendant must be specified in the plaint.
Interfreight Forwarders (U) Ltd Vs. East African Development Bank 1994-95 54
Civil Procedure - assessment of damages in cases of destruction of goods.
Page 109
Civil Procedure - pleadings - importance of pleadings in litigation - Order 6 rules 1 & 2
of the Civil Procedure Rules.
Kazzora J.W.R. Vs. M.L.S. Rukuba 1994-95 58

Civil Procedure - pleadings - a party who plead fraud must specifically state it.
Civil Procedure - Lis pendens rule - whether a pending suit about a disputed property
necessarily precludes registration of transfer of the property.
Departed Asians Property Custodian Board Vs. Issa Bukenya t/a New Mars
War House. 1994-95 60
Civil Procedure - exparte proceedings - duty of court to ensure that facts alleged
support the prayers asked for.
Dr. Rubunga Vs. Kato Yakobo & Apollo Insingoma 1994-95 51

Civil Procedure - extension of time - whether time can be extended for leave to appeal
from the Chief Magistrate's Court to the High Court.
Civil Procedure - Limitation - whether period of appeal starts running after review
proceedings have failed and an appeal is sought to be preferred.
Byabalema Matiya & 2 Others Vs. Uganda Transport Co. (1975) Ltd 1994-95 64
Civil Procedure - assessment of damages - when can an appellate court interfere with
an award of damages.
Civil Procedure - assessment of damages - whether awardable for amputation of a

limb below the knee and above the knee should be the same.
Civil Procedure - assessment of damages - what courts should take into account
when assessing damages.
Iyamuremye Samwiri Vs. Nyirakamarande Jovanis 1994-95 67

Civil Procedure - parties - suing by next friend - person can sue in her own capacity
if she is above 18 years.
Civil Procedure - Customary Disputes - jurisdiction - suit need not be filed in the
lowest court I.e. Local Council Court - Magistrate Grade I competent to try dispute.
Bwomono Kereni Vs. Titus Kidega Lak, M/s Atare, Okwongali & Co. Advocates,
The Co-operative Bank Ltd 1994-95 73
Civil Procedure - adjournments - discretion of court to grant adjournment only where
sufficient cause shown.
Ngobi Nkoobe Kiregeya & A. Kisambira Vs. Muloki Henry & Muwumba Sam 1994-95 89
Civil Procedure - setting aside order of dismissal of suit - applicant to show good
cause.
Civil Procedure - dismissal of suit after suit withdrawn - proper procedure to appeal
against order dismissing suit - whether O.9 r.20 can be applied to empower court to
Page 110
its own mistake or irregularities.
Uganda Mineral Waters Ltd Vs. Amin Piran, & Kampala Minerals Ltd 1994-95 87
Civil Procedure - objector proceedings-proof of possession - trial Court to be satisfied
that the objector was in possession.
Civil Procedure - objector proceedings - question whether objector in possession on

account of or in trust for the judgment debtor must be proved.
Civil Procedure - objector proceedings - court not to investigate ownership or the

property.

Civil Procedure - trial - cross - examination of party by court - whether can be done
before party has given evidence in court.
L.D. Cotton International Vs. African Farmers Trade Association BV &

Lango Cooperative Union. 1996 57
Civil Procedure - Temporary injunction - circumstances to consider before a temporary
injunction is granted.
Mbale Star Service Station Vs. The Co-operative Bank Ltd 1996 44
Civil Procedure - Appeals - appeals to the High Court - requirement for certified copies
of proceedings - omission to certify copies and elimination of some material parts of
record - whether makes appeal incompetent - duty of trial court to type and certify
proceedings.
Civil Procedure - appeal - necessary to extract decree or order appealed from -

omission curable by adjournment for trial court to file the same.
Kalani Stephen Vs. Satwart Kaur (Mrs.) 1996 45

Civil Procedure - challenging decision of the Minister issuing repossession certificate
under Expropriated Properties Act - how done - whether by appeal or ordinary suit.
Greenland Bank Ltd Vs. Giogrdi (U) Ltd & Another 1996 55
Civil Procedure - amending of pleadings - whether application under O.1 r.10 (2) & (4)
of the Civil Procedure Rules is defective if brought under O.48 of the Civil Procedure
Rules.
Rwenzori Investment Ltd Vs. NPART 1996 14

Civil Procedure - appeals - whether the tribunal had a right to review its own decisions.
Civil Procedure - inclusion of irrelevant rules in the application is not fatal to the case.
Civil Procedure - appeals - sufficient cause must be shown before time of lodging
appeal is extended.
Banco Drabe Espanal Vs. Bank of Uganda 1996 12

Civil Procedure - appeals - notice of appeal - whether property file when fees not paid.
Civil Procedure - record of appeal - whether it lacks valid order.
Page 111
National Housing Construction Vs. Lira Municipal Council 1996 53
Civil Procedure - granting of costs - value of subject matter to be taken into account.
Civil Procedure - institution of suits - payment of fees - no action is filed in law unless
fees have been paid.
Civil Procedure - taxation of costs - courts have discretionary powers in taxation

proceedings.
East Mengo Growers Co-op Union Ltd Vs. Nyangweso Francis 1996 50
Civil Procedure - Order 33 of the Civil Procedure Rules - the order is self sufficient and
any applications made under it must comply with it.
Katatumba Bony Mwebasa Vs. Attorney General 1996 51

Civil Procedure - appeal to High Court against issue of certificate of repossession
under Expropriated Properties Act 1982 - appeal out to time - procedure - whether
Application by motion under O.47 4.6 and O.48 C.P.R. proper - grounds of -what
amounts to sufficient cause.
Ochola Maria Onyango & 3 Others Vs. Hannington Wasswa Ssemukuto & Co. 1996 43
Civil Procedure - appeals - commencement of appeals - whether filing of notice of
appeal amounts to filing of appeal.
Civil Procedure - appeals - memorandum of appeal filed out of time without leave of
court incompetent.
Civil Procedure - appeals - time for filing memorandum of appeal - delay - whether
delay must be apparent or disclosed on file.
M/s Gulu Municipal Council Vs. Nyeko Gabriel & Others 1996 66
Civil Procedure - application for Revision Order by High Court - no procedure to initiate
proceedings - court exercise discretion and adopt procedure justifiable in
circumstances.
Civil Procedure - defendant not entering appearance - effect of writing a letter that the
suit be struck out since filed before expiration of statutory period.
Civil Procedure - execution of court order - whether court broker liable for acts done
during execution.
Civil Procedure - institution of suits - before expiration of statutory period after service
of notice - whether fatal.
Civil Procedure - institution suits - requirement of statutory notice - S.1 of Civil

Procedure and Limitation (Misc. Provisions) Act 20 of 1969.
Bakunda Darlington Vs. Dr. Kinyata B.G.S. & Ntaho Frank (R.O. Rukungiri) 1996 63
Civil Procedure - affidavits - original affidavit - commissioned by an advocate who had
no valid practicing certificate at the time - whether fatal to whole case.
Page 112
Civil Procedure - amendments - circumstances when amendments can be allowed -
and when cannot be allowed.
Civil Procedure - election petition - application to amend the petition under r.7 or the
Parliamentary Elections (Election Petitions) Rules, 1996.
Alcon International Ltd Vs. Kasirye, Byaruhanga & Co. Advocates 1996 61
Civil Procedure - inherent powers of court - whether the High Court can be moved
under s.101 Civil Procedure Act where there is other specific provisions.
Civil Procedure - stay of execution pending appeal to the High Court from order of
Registrar on costs - what amounts to sufficient grounds.
Coffee Marketing Board Ltd Vs. Bukyenkye Coffee Factory (U) Ltd 1996 59
Oaths Act - effect of failure to name the place where an affidavit was sworn.
Kariisa Yahaya Vs. The Attorney General & M.K. Radia 1997 29
Civil Procedure - Adjournments - discretion of the trial court to refuse or allow
adjournments - meaning of discretion - grounds for adjournment - whether illness of
counsel good ground - whether court entitled to direct counsel holding brief for another
to conduct case.
Civil Procedure - adjournments - several adjournments - court to consider reasons for
each adjournment to establish whether deliberate attempt to delay proceedings.
Civil Procedure - Dismissal of suits - want of prosecution.
Civil Procedure - parties to suits - meaning of aggrieved party.
Bawa Singh (Properties) Ltd Vs. Estate Consultants Ltd & Others 1997 64
Civil Procedure - application for dismissed of suit for want of prosecution - whether
there was inordinate delay - necessity for the Court to consider whether it is the
plaintiff or his advocate to blame for delay.
Civil Procedure - interlocutory application - affidavit containing matters of belief and

information - O-17 r.3 applies to interlocutory application.
Ogoal Akisoferi M. Vs. Otheino Akika & Another 1997 53

Civil Procedure - costs principles for awarding costs must not only be outlined but
must be followed.
Civil Procedure - illegal and irregular acts of counsel should never be condoned by
court.
Standard Chartered Bank (U) Ltd Vs. Grand Hotel (U) Ltd 1997 50
Civil Procedure - pleadings - matters not pleaded before the court should never be
determined by the court.
Civil Procedure - pleadings - objective of pleadings.
Uganda Blankets Manufacturers (1973) Ltd Vs. Attorney General 1997 60
Page 113
Civil Procedure - s.3(b) Government Proceedings Act - suits against the Government
must be in accordance with the Act.
Civil Procedure - Proceedings against Government Enforcement of Orders against

Government - requirement for a certificate to be issued by a proper person before
payment made against Government under s.20(1) of the Government Proceedings Act.
G.M. Combained (U) Ltd vs. A.K. Detergents (U) Ltd. 1997 40
Civil Procedure d- security for costs - considerations for an order for security for costs-
circumstances when security for costs may be ordered to be paid.
Civil Procedure - security for costs - fixing the sum payable in security for costs -
criteria to be followed in fixing the quantum of security of costs to be paid.
Bawa Singh (Properties) Ltd Vs. Estate Consultants Ltd & Others 1997 64
Civil Procedure - application for dismissal of suit for want of prosecution - whether there
was inordinate delay - necessity for the court to consider whether it is the plaintiff or
his advocate to blame for delay.
Civil Procedure - interlocutory application - affidavit containing matters of belief and

information - O.17 r.3 applies to interlocutory application.
B. M. Technical Services Vs. Rugunda Francis X. 1997 75

Civil Procedure - consent judgment - application to set aside consent judgment -
consent judgment can not be set aside where it is not proved that counsel entered the
consent without instructions.
Gaso Transport Services (Bus) Limited Vs. Obene Martin Adala 1997 32
Civil Procedure - amendment of pleadings - whether written statement of defence can
be amended after close of defense case - principles governing court's discretion in
allowing amendments of pleadings.
Civil Procedure - appeals - power of appellate court to interfere with exercise of

discretion by the trial judge - power of appellate court to allow amendment of
pleadings even at the time of the appeal.
Ladak Abdullah Mohamed Hussein Vs. Griffith Isingoma Kakiiza & 2 Others. 1997 18
Civil Procedure - Review - setting aside - consent judgment - when High Court may
review consent judgment - whether third party may apply to review consent judgment
in suit in which he is not party - no necessary where other avenues available - more
practicable to set aside judgment under O.9 r.9 C.P.R.
Civil Procedure - Review - when may the High Court may review its own judgment -
section 83 Civil Procedure Act.
Civil Procedure - setting aside consent judgment -joining parties in suit - who may
apply - any person aggrieved may apply to set aside or way consent judgment under
O.9 r.9 C.P.R., S.I. 65-3 and apply to be joined as party to proceedings under
O.1 r.10(2) C.P.R.
Firemasters Limited Vs. Uganda Railways Corporation 1997 57

Civil Procedure - Government Proceedings Act - whether the act can apply to a
Page 114
Government corporation - section 20(1) of the Act.
Masaka Municipal Council Vs. Gerald Semogerere 1997 23

Civil Procedure - practice - damages - principles upon which special damages are to
be awarded - trial court awarding special damages which were not - pleaded - special
damages not to be awarded unless specifically pleaded and strictly proved.
Shiv Construction Co. Ltd Vs. Endesha Enterprises Ltd 1998-200 12

Company Law - pre-incorporation contracts - whether pre-incorporation contracts can
be enforced - pre-incorporation contracts enforceable by promoter against parties
thereto if supported by sufficient consideration.
Company Law - pre-incorporation contracts - pre-incorporation contracts not

enforceable by company after its incorporation unless fresh contracts made by
company incorporating terms of the pre-incorporation contracts.
COMMERCIAL LAW
Multi Holdings Ltd & Multi Constructors Ltd Vs. Uganda Commercial Bank. 1971 158
Overdraft given by bank to Company-security by way of mortgage-further advance
and promissory notes given-whether right to demand payment under first
mortgage suspended by acceptance of promissory notes.
Dresdner Bank Aktiengesllshaft Vs. Sango Bay Estate and Others. 1971 80
Suits on Bills of Exchange drawn in German Ian usage-Bills presented for payment
and dishonoured -possession of Bills obtained mala fide -application by way of a
Chamber-summons for discovery - O.10 r.12.
Sindano A.B. Vs. Attorney General 1978 315

Commercial Law - hire purchase - hirer - hirer not legal owner of hired property till
payment of last installment - whether hirer has locus standi to sue third party
interfering with hired property.
Nakato Rose & Ikada Zakaria K. Vs. Asumani Muwonge 1978 298
Commercial Law - sale of goods - sale of Goods Act, s.19-application of s.19 to
passing of property - section can only be invoked to determine the time the passing
of property where the parties have not agreed to its passing.
Grindlays Bank (U) Ltd Vs. Obol-Ochola & 4 Others 1979 22

Commercial Law - securities - guarantee - effect of contract of guarantee - whether
such contract creates a proprietary interest in the debt guaranteed in favour of the
guarantor.
Nsaga John Vs. Kayongo Juma Haji 1979 138

Commercial Law - hire purchase - hirer - duties of hirer - remedies - remedies available
to owner on hirer's default - right of repossession - when right is available - basis of
hire purchase agreements as credit transactions.
Commercial Law - hire purchase - nature of a hire purchase agreement - a contract

for the hiring of goods with an option on the hirer to purchase - hirer obtains use and
Page 115
possession while owner retains the title.
Commercial Law - sale of goods - passing of property - sale of vehicle followed by

execution of a transfer of registration book of vehicle - whether registration book is
evidence of title.
Commercial Law - sale of goods - passing of property - the passing of property is 1979 139
dependent on the intention of the parties - effect of passing of property - buyer
becomes absolute legal owner of the goods entitled to sue in conversion or detinue
any person subsequently dealing with the goods.
Commercial Law - sale of goods - transfer of property - execution of a transfer of

property - whether such transfer is conclusive evidence of complete payment of full
purchase price by transferee.
Sebaggala Mahmood Vs. Musayi t/a Musyi's Garage Co. 1979 180
Commercial Law - bailee - duties of bailee of chattels - bailee of chattels is not an
insurer thereof there is a special contract to that effect.
Uganda Commercial Bank Vs. Makerere University Kampala 1980 53

Commercial Law - Banking - banker and customer - relationship between banker and
customer in c.I.f. contract - duty of banker in dealings with irrevocable letters of credit-
banker to concern itself with contract of goods only if such contract is incorporated
within the letter of irrevocable credit - unassailability of the special terms of credit -
precedence of special instructions over international practice regulating letters of
credit - uniform customs and practice for documentary credit - banker undertakes risk
of loss to itself for non-compliance.
Kulubya Joseph Vs. National Insurance Corporation 1980 59

Commercial Law - insurance - Traffic and Road Safety Act s.35(1) (a) - once the
insurance company has undertaken to settle a claim - it is bound to settle that claim
as in such a case there is privity of contract - whether s.35 (1) (a) obliges a defendant
to settle a claim.
Ruzindana Lazaro Vs. Michael Kyewalyanga 1980 63

Commercial Law - sale of goods - contract of sale of vehicle - particular purpose for
which the vehicle was required disclosed - vehicle delivered not in proper mechanical
condition - whether there was breach of contract u/s.16 (a) of the Sale of Goods Act-
remedies to the aggrieved party.
Makimu Distributors and Contractors Ltd Vs. Pan Africa Insurance Company Ltd 1980 143
Commercial Law - building contract - contract by measurement - architect - agency-
actual and apparent authority of architect - holding out - extra work carried out by
contractor on instructions of architect - whether employer liable.
Commercial Law - building contract - architect - dual function - architect as agent of

building owner and quasi-judge or quasi-arbitrator - interim certificate issued by
architect - nature - certificate entitles contractor to immediate payment.
Ssebuggwawo Edirisa Vs. National Insurance Corporation 1980 148

Commercial Law - insurance - Third Party Risks - Traffic and Road Safety Act 1970 -
Page 116
implication of defence of suit by National Insurance Corporation was that defendant
had third party insurance cover of motor vehicle of sued party.
Commercial Law - insurance - insurance contract - Traffic and Road Safety Act 1970
s.31 - insurer's duty to satisfy judgment against insured or to indemnify insured who
satisfied judgment.
Kafero Mohamed Vs. Turyagenda J. 1980 122

Commercial Law - partnership - existence of partnership disputed - rules for
determining existence- Partnership Act (Cap.86), ss.3(1) and 4(3) (d).
Commercial Law - registration of documents - partnership agreement registered after 6

years - whether valid - registration or non-registration of a document does not affect its
validity - no time limit for registration- Registration of Documents Act (Cap.80) s.14.
Uganda Co-operative Union Ltd Vs. Uganda Commercial Bank 1980 133
Commercial Law - Sale of goods - payment by letter of credit against shipping
documents - duty of bank of bank to scrutinise documents - discrepancy and
additional information of weights and measurements in bills of lading not discovered by
issuing bank - whether bank negligent and in breach of contract - uniform customs and
practice for documentary, credits Articles 7 and 9 - failure by buyer to discover
discrepancy in documents - whether contributorily negligent - failure by buyer to notify
issuing bank about discrepancy until after seller had gone into liquidation and payment
made - whether contributorily negligent.
Commercial Law - sale of goods - sale of goods by sample - goods not corresponding
with sample - seller in liquidation - payment made against shipping documents -
whether buyer could sue issuing bank-acceptance of goods - Sale of Goods Act, s.36.
Semakula Fenekansi Vs. James Musoke, Fred Musoke & Another 1981 46
Commercial Law - bailment - whether a bailee may maintain an action in trespass or
conversion or for damages done to a chattel against a wrongdoer in all cases in which
an absolute owner could do so - whether can recover the same damages as the
absolute owner.
Walusimbi Samuel Kawesa Vs. Standard Bank Ltd 1981 67

Commercial Law - banking - banker and customer relationship - forgeries - paying
unauthorised cheques - customer holding two cheque books - negligence in debiting
customer's account - whether bank liable.
The Board of Governors of Gayaza High School Vs. Owodyo Ltd 1982 31
Commercial Law - bailment - bailee for reward - negligence - liability of garage owner
as bailee clause exempting bailee from liability not effective where goods are
damaged.
Mobil (U) Ltd Vs. Uganda Commercial Bank 1982 64

Commercial Law Bank - Banker/customer relationship - duty owed by customer to a
banker when drawing cheques to prevent forgery - where cheque drawn negligence
and facilitates forgery, forgery not remote but natural consequence thereof.
Baddev Singh Sirah Vs. Standard Bank (U) Ltd 1982 37
Page 117
Commercial Law - Banking - banker's duty to honour cheques- revocation -
countermand of payment - where customer's instructions stopping payment of cheque
are received by bank after payment - bank is not liable.
Wasswa Matia Vs. Uganda Commercial Bank 1982 38

Commercial Law - Banking - banker's general lien - unsecured loan - unlawful seizure
of customer's motor vehicle by bank - claim for loss of earnings and costs of new
vehicle.
Departed Asians' Property Custodian Board Vs. H.M.B. Kayondo & Anor 1982 17
Commercial Law - Government take - over of properties and businesses of non-
citizens - legality - take - over amounted to nationalization - provision for payment of
compensation - Decrees No.32 of 1972, s.1 (2) and no.12 of 1975, s.15-no violation
of Art.13 of the Constitution.
Commercial Law - Government take - over of properties and businesses of non -

citizens - vesting of properties and businesses in the Board with powers to manage-
allocation of properties and businesses - allocatee bound to pay assessed value of
property or business - legal status of allocatees - analogy of stealing and knowingly
receiving stolen property is inapplicable to allocatees.
Commercial Law - Contract - properties and businesses of non - citizens - allocation-

value of stock in allocated business - assessment and payment - figures of value of
acquired stock given by Board and allocatee not supported by evidence - reliance on
figure declared by Asian owner of business - need for strict proof.
Commercial Law - contract - properties and businesses of non - citizens - allocation -

payment for allocated business by installment - claim for interest on value of stock
received - no interest can be claimed in absence of statutory instrument made by
Minister - Decree 26 of 1973 s.3(2).
Commercial Law - properties and businesses of non -citizens - allocation of business-

assignment of liability - allocatee of business cannot assign or transfer business
without Board's approval in writing where payment for business is incomplete -
Decree 26 of 1973 s.3(4).
Commercial Law - contract - assignment of liabilities - party to contract cannot assign

liability without consent of other party.
Kenyi Juma Vs. Grindlays Bank (U) Ltd 1982 116

Commercial Law - Banking - bank and customer relationship - bank has special
fiduciary relationship with customer - customer's accounts unlawfully frozen by bank -
no ministerial order published in the Gazette freezing accounts - Banking Act
(Amendment) Statute No.18 of 1980, s.26A & B.
Victoria General Repairers (EA) Ltd Vs. Barclays bank of Uganda Ltd. 1982 109
Commercial Law - Banking - bank and customer relationship - bank paying forged
cheques from customer's account - duty of bank paying forged cheques from
customer's account - duty of bank not to pay wrongful customer's money.
Uganda Commercial Bank Vs. Sali Balaba 1982 145
Page 118
Commercial Law - banking - overdraft - request - where customer draws cheque for
more funds available on customer's account this amounts to request for overdraft -
overdraft must be supported by good consideration.
Commercial Law - banking - statement of account - evidence - entries in statements of

account when delivered to customer prima facie evidence against the banker - where
statement returned by customer without objection entries to his debt prima facie
against him - where customer challenges entries immediately he becomes aware of
them, cannot be held against him.
Commercial Law - banking - overdraft - forgery - customer's current account
continuously in 'red' and bank continues to accept cheques drawn on that account
without notifying customer that account in red, indicates forgery within bank.
Commercial Law - banking - overdraft - operation - principle that cheque drawn for
more funds than available on customer's account amounts to request for overdraft
operates on basis that cheque is authorized by customer and no suspicious
circumstances.
Commercial Law - banking - overdraft - loan must come about as a result of

agreement express or implied.
DAPCB Vs. Uganda Blanket Manufactures (1973) Ltd 1982 119

Commercial Law - nationalization - departed Asians' Property - effect of National
Textiles Board Decree No.22 of 1974 was only to transfer shares and not the assets of
the Uganda Blanket Manufacturers (1973) Ltd to the National Textiles Board.
Okwera Donation Henry Vs. Abdalla Saleh 1982 123

Commercial Law - partnership - arbitration agreement - arbitration clause in partner-
ship deed cannot be pleaded in a bare arbitration agreement in action on contract.
Commercial Law - partnership - misconduct - behavior in complete disregard of

partnership deed and misappropriation of partnership funds and property amount to
misconduct.
Commercial Law - partnership - dissolution circumstances which justify dissolution.
Bubare Company Vs. Meble Kente 1982 143

Commercial Law - partnership - dissolution - existence of partnership must be
established before dissolution ordered - circumstances rendering it just and equitable
to dissolve partnership to be established.
Commercial Law - partnership - existence - once partnership formed subsists until

conditions laid down in ss.36 - 39 of Partnership Act (Cap.86) for dissolution fulfilled.
Commercial Law - partnership - unwritten agreement - partnership to be governed by

Partnership Act (Cap.86) where agreement unwritten.
Commercial Law - principal and agent - authority of agent - once contract ratified
principal cannot deny authority of agent.
Page 119
Uganda Commercial Bank Vs. Grindlays Bank (U) Ltd 1983 50
Commercial Law - banking - bills of exchange - bank draft - dishonour - issuing bank
wrongfully stopping payment of bank draft - drawings made against draft - liability of
issuing bank - Bills of Exchange Act (Cap.76), ss.3 (1) and 55(1) (a).
Omella Emorut Vs. Raymond Ojakol 1984 62

Commercial Law - partnership - commencement - act of opening bank account in itself
not creation of partnership.
Lutaaya Gabriel William Juma Vs. Gandesha Himatialla G. & Another 1986 46
Commercial Law - departed Asian Property - premises of a business vis - avis
business - where only business of a departing Asian allocated but some in promises
not subject to taking over allocate got business subject to existing conditions of
tenure.
Commercial Law - Departed Asian Property - property excluded from provisions of

Declaration of Assets (Non-citizen Asians) Decree No.27 of 1972 - property could be
taken over by the Board only where by statutory order of the Board property declare
abandoned or left without adequate management arrangement or in respect of which
no information and documents were submitted to the Minister in compliance with s.2
of Decree No.27 of 1972 - where Asian Ugandan citizen left but his property not
declared taken over by Statutory instrument property not affected.
Commercial Law - Departed Asians Property - property excluded from the provisions
of Assets of Departed Asians Decree No.27 of 1973 - property or business of departing
Asian in respect of which no information and documents had been submitted not re-
vested in now Custodian Board and reverted back to Government in which it had been
earlier vested by s.4(5) of the Decree No.27 of 1972 - Departed Asian Property
Custodian Board had no power to handle or deal with such property or any other not
vested in it.
Commercial Law - Departed Asians Property - property subject to Expropriated

Properties Act 1982 - to be brought under the Act appropriation or taking over of
property during Military Regime had in first place to be lawful - property which had been
taken over in the Military Regime and had not been returned to owners was re-vested
in Government - where property validly returned to owner before coming into force of
Act such property not affected as act neither validating nor respective - Act did not
affect return of property or business to original owner by Government or by Custodian
Board pursuant to s.178 of Decree No.27 of 1973.
Turyatemba William Vs. Somani Shamshe Ralli Juma 1987 55

Commercial Law - expropriated properties - certificate or ownership - cancellation -
where obtained by fraud repossession open to investigation by court through suit.
Engola Samson Vs. Nabitalo Christine 1988-90 169

Commercial Law - bailee - duty of care - care to be taken not to extend unduly duty of
bailee by expecting him to take action which might involve him in unreasonable
or trouble.
Commercial Law - bailment - control of goods - a bailee with threatened goods faced
with expenditure outside his usual duty to inform owner of threatened danger or enable
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owner to act in time to avert danger or an agent of necessity to take steps to defend
property if cannot inform owner.
Mustaq Abdullah Bhegan Vs. Attorney General 1988-90 105

Commercial Law - departed Asians - meaning - all those Asians who left a manner that
necessitated the taking over of their properties.
Commercial Law - expropriated properties - which properties became vested in the

government - only those properties for which not adequate arrangements has been
made by departing Asians were touched by the Act.
Commercial Law - expropriated properties - certificates of repossession - no minister

has power to cancel a certificate of repossession once granted.
V.I.P. Tours & Travel Ltd Vs. S.M. Tours & Travel Ltd 1988-90 97
Commercial Law - trade marks - design by employee - trademark designed by
employee is employer copyright.
Commercial Law - trademarks - use of a similar trademark - use of trademark similar

to existing one punishable with damages for infringement.
Clouds 10 Limited Vs. Standard Chartered Bank (U) Ltd 1991 53

Commercial Law - letters of credit - duty of paying bank - paying bank's duty stop at
effecting payment on the terms spelt out by buyer and seller.
Commercial Law - letters of credit - liability of paying bank - paying bank not liable for
loss occasioned to purchaser unless party to the fraud.
COMMON LAW
to Ag. Deputy Chief Registrar -whether court functus officio-Civil Procedure Act
s.102-whether payment of lessor sum discharged larger debt-application of Pinnel's
case-whether "accord and satisfaction".

Customary Law - seduction-suit by parent to recover damages for injured feelings
common law - custody - whether parent lost custody if daughter was away from
home temporally -law applicable - duty of court to apply the law-whether court had
duty to apply the law where parties failed to submit on proper law applicable-
whether there was need to plead and prove the law-administration of common law
and customary law by courts - the judicature Act, 1967 and the Magistrates'
Courts Act -damages - principles applicable for award of damages in seduction.
COMPANY LAW
Multi Holdings Ltd. & anor Vs. The Uganda Commercial Bank 1971 44
Receiver and Manager-powers of -powers of company in receivership to act
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In matter of House of Garments Limited And In matter of Companies Act 1972 271
Companies Act-winding up-Civil Procedure -Form of Affidavit O.17 r.3(1) of the
Civil Procedure Rules ratification by company of debts incurred before
incorporated.
Wagaba Antonio & 3 others Vs. Michael Matovu 6 others 1973 110
Company law-general meeting of company called by 1st defendant member of the
company purporting to be a Director Board of Directors dissolved and new
directors elected-whether meeting and business transacted legal.
Modikayo Oneka Vs. Wines & Spirits (U) Ltd & another 1974 263
Company Law - plaintiff brought action claiming shs.60,000/- representing
dividends salary and bonuses which he said was due to him-whether plaintiff is
entitled to shs. 60,000/= -whether he is entitled to recover this from either first of
the second defendant or from both of them?
Nampera Trading Co. Ltd Vs. Yusufu Ssemwanje & another 1974 212
Company Law - institution of suits by company-whether company authorised the
institution of suit-meeting -whether held and proper -service of notice - membership-
whether person who had not agreed to become member but whose name was
entered in register of members was member-form of agreement -Companies Act,
s.28(2) -shares -whether payment could amount to implied agreement to become
a member.
Kyaggwe Farmers Assoc. Ltd & Others Vs. E. Kafeero & Others 1975 94
Company Law-application for a declaratory judgment -injunction restraining
defendants and /or their agents from acting as members of the Board of Directors
of the first plaintiff-improper method of removal of directors-appointment ultra vires
the Companies Act section 185(2).
Lubege John Vs. City Council of Kampala 1975 99

Civil Procedure and Company Law -Garnishee Proceedings -execution- execution
order made against garnishee while company (Judgment - debtor) in liquidation-
whether order valid-Companies Act, s.228 - stay of execution - time for stay
expiring and no appeal made by garnishee against illegality of execution order-
application made by garnishee over year later to set aside execution order for
illegality - whether the matter was res judicata - whether garnishee had locus
standi to make application-whether advocates who had properly paid over money
to client to complete attachment could be made to refund it.
Bread Limited Vs. Uganda Company Ltd & Uganda Industrial Machinery Ltd 1975 214
Company law-share-transfer - complete transfer of all shares from one company
to another amounts to complete take over of company and legal succession-
Uganda Advisory Board of Trade Decree, 1974 (Decree No.9/74), s.20 and Uganda
Advisory Board of Trade (Transfer of property and Assets) (Specified) Order, 1974
S.I No.67 of 1974.
Land Law -consent-transfer of land - parties bound by lease agreement to seek

consent before transfer-legal successor to one of the parties capable of giving valid
consent.
Page 122
Wanedeya Vs. Coffee Marketing Board 1975 265
Civil Procedure-cross appeal for retrial in case where appeal allowed-exparte
judgment dismissing suit given in absence of Board -absence due to fact that
case not listed for hearing on day it was tried-no objection made against exparte
judgment whether retrial called for.
Company Law-Board meetings-matters regulated therein-appellant claiming for

acting allowance-indicative factors as to defacto appointment of appellant by Board
to act as financial controller and head of accounts department-minutes passed by
Board to that effect sufficient evidence that appellant authorised by board.
Diamond Trust Properties Limited Vs. Spring Valley Grocers Ltd. 1976 57
Company Law - limited liability-company owning real property-shareholders comprise
of African Uganda Citizens resident in Uganda and "departed Asians" - whether
allocation of its business in the property dissolves the company.
Company law - debenture - whether security properly realised.
Luyombo Kasule Vs. Ndikola Iga Kitatta & Matovu Yozefu Lubowa 1977 328
Company Law - inspection - appointment of inspector to investigate company's
affairs - application to inquire into case of officers or agents of company who have
refused to produce documents or answer questions - Companies Act, ss.165 and
168, and Civil Procedure Rules. O. 34A r.5 (b) & (d)
In the matter of Nakivubo Chemists (U) Ltd And In the Matter of Companies Act. 1977 311
Company Law - minority oppression - petition brought under s.211 of Companies Act.
In the matter of Nakivubo Chemists (U) Ltd And In the Matter of Companies Act. 1977 312
Company Law - minority oppression - petition u/s 211 of Companies Act - things to
be proved by petitioner - oppression must be to a person in his capacity as share
holder and not in any other capacity - unlawful forfeiture of member's shares and
removal from directorship - member prevented from attending company meetings and
dividends declared and taken without his knowledge and consent - whether conduct
amounting to oppression.
Company Law - winding up - circumstances under which order may be made on

account of minority oppression - interest of creditors - whether relevant.
Allied Food Products Ltd. And In the matter of Companies Act 1978 294
Company Law -Membership - who is a member of the company - s.28 of the
Companies Act - two companies of members - persons who subscribe to the
company's memorandum and persons agreeing to become members and registered
as such.
Company Law - Petition under s.211 of the Companies Act - oppressed must be a
person in his capacity as member of the company and in no other capacity - member/
director not notified of any general meeting and directors removed without calling
a general meeting - whether conduct amounts to oppression - meaning of
Page 123
"oppressive".
In the matter of Companies Act And In the Matter of Sekiumba Estate Ltd 1978 285
Company Law - Transfer of shares - before a proper transfer of shares is effected there
must be a proper instrument of transfer delivered to company - s.77 Companies Act-
company to certify the transfer - s.81 Companies Act.
Rwakati Ranchers Ltd And In the matter of s.211 of the Companies Act 1978 289
Company Law - winding up- petition - petition - for winding up company omitted to
mention location of registered office of company - whether location is important
requirement - whether such omission is a fatal irregularity.
Company Law - winding up - advertisement of petition - petition for winding up to be

advertised once in Gazette and once in news paper circulation in area - advertisement
in Gazette properly made but one in newspaper defective - whether defect prejudicial
to respondent - failure to comply with this leads to removal of petitioner - failure to
comply with this leads to removal of petition from file - r.23(3) Companies (Winding up)
Rules.
Company Law - winding up - petition - verification of petition - petition for winding up of

customary to be verified - R. 25 - failure to do so is very serious defect not curable by
extension of time.
Company Law - winding up - petition - it is duty of petitioner or his advocate to ensure

that all procedure and rules governing presentation of petition are complied with r.31-
for failure to comply with this rule petition must be dismissed.
Ddamba Kasozi Vs. M/S Male Construction Service Co. 1981 26

Company Law - Debentures - Bank advanced money to judgment - debtor secured by
debentures - debenture not registered within 42 days as required by s.96(1) of the
Companies Act - whether enforceable against the judgment creditor.
Take me home Vs. Apollo Construction Co. Ltd 1981 43
Company Law - existence of a company - whether a company can exist before it is
incorporated or registered.
Company Law - Pre-incorporation contracts - contract of sale of a lorry made before

incorporation of a company - whether contract binding on the company after
incorporation.
Kololo Curing Co. Ltd Vs. West Mengo Co-op Union Ltd 1981 60
Company Law - Promoters - whether a promoter ceases to be such by reason only
incorporation of the company or of mere appointment of directors.
Company Law - Requirement of Furnishing the Registrar of Companies with particulars

after incorporation under the Companies Act - reasons behind the statutory provision
importance of Registry of Companies as a public record.
Company Law - Requirement of Furnishing the Registrar or Companies with particulars

after incorporation under the Companies Act - whether on failure by a company to do
it third parties are entitled to presume that the company is not functioning -whether
Page 124
presumption rebuttable.
Kakooza Lunguju Joseph Vs. Ethiopian Airlines Ltd 1982 111

Company Law - breach of contract - claim for damages - member is not entitled to
claim damages personally for loss suffered by company.
Kasiita Estate Ltd And Application by Margaret Kasiita and Clement Nsamba 1982 107
Company Law - rectification of Company's register of members - application by
administrators of estate of deceased shareholder - administrators entitled to be
registered as holders of shares of deceased shareholder - Companies Act (Cap.85),
s.118 Table A rr.29 - 32 and O.34 A r.4 of Civil Procedure Rules (S.I. 65 -3).
Company Law - meetings of Company - power of court to order meeting of Company-

Companies Act (Cap.j85) s.135 and O.34 A r.6(h) of Civil Procedure Rules (S.I. 65-3)
Sentamu Frederick Vs. Uganda Commercial Bank & Another 1983 59

Company Law - limited liability company - separated legal entity - debts - liability of
members.
In the matter of Air-Rep. International Ltd And In the matter of Companies Act 1984 63
Company Law - meetings of company - power of court to order meeting of company -
Companies Act (Cap. 85) s.135, Civil Procedure Rules (S.1 65-3, O.34A rr.6(h), 7 & 8.
Lutaaya Gabriel William Juma Vs. Gandesha Himatilal G. & Another 1985 46
Company Law - majority shareholder - ownership of company assets - where person
holds all but two of company assets right in claiming company's assets as his own.
Company Law - membership - proof - members register and holding of share

certificate not conclusive and exhaustive modes of proving membership to company-
other mode to be used to prove membership.
Ssenyonga Ali Sheikh & 7 Others Vs. Kakooza Rajab Hussein Sheikh & 6 Others 1992-93 93
Company Law - legal entity - unlimited company without share capital - whether
UMSC is a legal entity.
Company Law - constitution - general assemble - adjournment - power to adjourn or

continue the General Assembly lies in membership.
Uganda Blanket Manufacturers (1973) Ltd Vs. Attorney General 1992-93 105
Company Law - management of company - whether Government has power to control
operations of company.
Verjee Brothers (U) Ltd Vs. Naiga & Co. Emporium 1994-95 71
Company Law - cause of action in relation to a company - whether it does not exist
where Board of Directors not properly constituted.
Company Law - whether non filing of annual returns implies that the company has no
directors.
In Re Milton Obote Foundation And In re an application by N.A. Abanya to
Page 125
Rectify the Companies Register. 1997 79
Company Law - rectification of register of members and companies Register -
summary jurisdiction - when exercised.
Company Law - Director - meaning of the word 'Director'.
COMPENSATION
Obwoya Martine Vs. E.A. Railways Corporation 1974 11
Workmen's Compensation Act s.5-workman injured on his way to work-whether he
suffered injury "out of and in the course of employment"-appeal-Civil Procedure
Rules O.39-counsel for respondent seeking to affirm judgment on grounds other
than those supported in judgment-whether notice affirming judgment on other
grounds had to be filed.
East African Railways Corporation Vs. Martin Obwoya 1974 188

Workmen's Compensation Act, ss.5 and 17-workman on his way to work -whether
he suffered injury out of and in the course of employment -whether the circumsta-
nces of the accident fall within s.5 of the Act- awarding of costs.
Iga Vincent Vs. Agip (U) Ltd and Ors 1975 14

Tort -negligence resulting in personal injuries-contributory negligence-quantum of
damages-remoteness of damages-whether was permissible for an injured workman
to institute a Civil action in tort to recover damages for injuries in respect of which
he had received reparation under the Workmen's Compensation Act-s.25(1) (c) of
Workmen's Compensation Act-s.25 (1) (c ) of the Workmen's Compensation Act-
duty of an advocate.
CONFESSION
Butare Apylunari Vs. Uganda. 1968 3
Confession admitted in evidence - duty of Court where accused is unrepresented
Criminal Procedure - joint trial - failure to pay taxes - charge - duplicity. 1968 17
Kayira Lawrence Vs. Uganda 1970 128

Extra-judicial statement by one accused taken into consideration against a co-
accused - imprisonment unless a confession-recent possession-motor vehicle
stolen 7 weeks previously.
Muzeeir Yeronimu & anor Vs. Uganda 1972 78

Potential prosecution witness not called by the prosecution -duty of prosecution
to offer the witness to defence. Burden of proof-the accused not obliged to call a
witness if he so chose-confession - alleged confession challenged-trial within to
be held.
Page 126
Uganda Vs. B. Ssali 1972 16
Murder c/s. 183 of the Penal Code -acceptability of the accused's confession
made by the accused to the police.
Lule Nakamusana Vs. Uganda 1972 43

Robbery c/ss.272 and 273(1) (a) of the Penal Code-attempted robbery c/s274(1)
(a) of the Penal code-admissibility of confession -proof of police.
Uganda Vs. Joseph Jwarira 1972 141

Murder c/s. 183 of Penal Code-confession-evidence (Amendment) Decree 25/71-
construction-date of commencement.
Uganda Vs. Petero Kitoza & 3 others 1972 245

Evidence-confession made in presence of magistrate-procedure for recording
confession -circumstances rendering it inadmissible.
Uganda Vs. Yozefu Nyabenda 1972 274

Murder-proof of death by circumstantial evidence-identity of deceased by his
skeleton-cause of death determined from skeleton -whether confession acceptable
as a whole or in part.
Uganda Vs. Gerivasio Ssemuju 1973 54

Theft of bicycle c/ss.252 and 255A of Penal Code-failure to connect bicycle stolen
with bicycle recovered - confession to police-confession in presence of Army
personnel - whether admissible-accused's failure to cross-examine witness -
misdirection on burden of proof.
Luzutu Alias & Ziwa s/o Ssajabi Vs. Uganda 1975 334
Evidence-confession - proved confession affecting co-accused -evidence of weakest
kind but could be taken into consideration under s.28 of Evidence Act.
Twinamasiko Eric Vs. Uganda 1997 1

Evidence - Confession - Admissibility - confession to a police officer below the rank of
a sub- inspector inadmissible.
CONSENT TO PROSECUTION, AG or DPP

CONTEMPT OF COURT
Uganda Vs. Singabele Oyulu 1972 80
Causing a disturbance in the course of a judicial proceeding c/s. 101 (1)( c) of the
Penal Code-plea of guilty-whether offence committed.
Uganda Vs. Paubin Kafabusa 1971 237

S.101 (h) P.C. Act - wrongful re-possession of land recently obtained by a writ
of court. Charge-whether discloses an offence. S.218 M.C.A.-question of Law
Reserved for High Court.
Page 127
CONSTITUTIONAL LAW
Sekatawa W. George Vs. Uganda. 1968 78
Articles 98,19,24,29 of 1966 Constitution-Validity of Judicial Officers
(Validation) Act, 1966.
Tafuire Juma & anor Vs. Rashid D. Onondo & 2 others 1968 38
Application to enforce fundamental rights and freedoms-art.22 of the Constitution-
adequate means of redress available for contraventions alleged-whether
application competent.
Uganda Vs. Solomon Tanga & another 1970 165

Constitutional law-article 15(8) of the Constitution-whether the offence of
elopement c/s 121A Penal Code "defined" - meaning of elope-ingredients of
offence -mens rea.
Yakobo Lomoro Vs. Gulamhussein Ahmed 1971 10
Trial language art. 111 of the Constitution - settlement of s. O.13 r.1(5).
Kahindi Sebastiano Kahidi Bassajja s/o Bukaki Vs. Uganda. 1971 39

Article 15(4) of the Constitution -whether penalties soverer in degree than
maximum penalty that could have been imposed when offence committed.
Uganda Vs. Abu Semulya 1971 38

Repeal of Act of Parliament-effect-effence under repealed Act allegedly committed
after repeal effective.
Nanfuka Margaret Namwandu Vs. The Attorney General of Uganda. 1972 28

Death - Law Reform (Miscellaneous Provisions) Act -Course of employment-
immunity under Article 123(4) (b) and (d) of the Constitution of Uganda.
State per Kampala City Council Vs. Sirasi Kawoya & Ors 1974 165
Criminal law-Article 123(1) of the Constitution-prosecution-title in Criminal
Proceedings-s.74 Local Administrations Act, 1967-two distinct offences-
particulars-defective-duplicity.
Odeke Odolo Vs. Teso District Administration 1975 60

Tort-unlawful detention-unlawful arrest-whether lawful arrest at inception could be
subsequently unlawful-quantum of damages-Protection of right to personal liberty
and Protection to secure protection of law under Articles 10 and 15 of the 1967
Uganda Constitution -duties of Chiefs and powers of arrest under Sections 40(2)
and 83 of the Local Administrations Act, 1967, and going armed in public s.71 of
the Penal Code Act.

Civil Procedure-preliminary point of law-action time-barred-section 2(1) Civil
Procedure and Limitation (Miscellaneous Provisions) Act, Act 20/69 -claim for
damages for wrongful arrest and unlawful detention-whether detention on order of
court could constitute a cause of action against Attorney General-when does time
for bringing such action begin to run-whether time could be extended where person
responsible for institution it was incapable of doing so by the unlawful actions of the
defendant -whether a person who instituted criminal proceedings before court was
Page 128
responsible for imprisonment resulting from such proceedings where the institution
was found to be unlawful -whether the date of unlawful imprisonment arose at the
date of imprisonment or the date of acquittal and release - whether the action in
instant case was time-barred.
Kabatoro Vs. Namatovu Florence 1975 159

Civil Procedure -suit by minor-under O.29 rr.1 & 2 of the Civil Procedure Rules for
plaint to be struck out for failure to file authority of next friend with point - costs-
advocate personally liable.
Uganda Vs. Alfred James Kisubi 1975 173

Criminal Law-withdraw of proceedings - no reasonable grounds for prosecution-
award of costs-s.207(1)(f) of the M.C.A. 1970-whether proper - Articles 1 and 71 of
the Constitution - whether capable of superceding other laws -affect of Legal
Notice No.1 of 1971, (Proclamation) Procedure followed by D.P.P - whether proper-
s.207(4) of the M.C.A., 1970 - s.341(1)(a) of the C.P.C.-whether applicable.

award of costs-s.207(1)(f) of the M.C.A. 1970-whether proper - Articles 1 and 71 of
the Constitution - whether capable of superceding other laws -affect of Legal
Notice No.1 of 1971, (Proclamation) Procedure followed by D.P.P - whether proper-
s.207(4) of the M.C.A., 1970 - s.341(1)(a) of the C.P.C.-whether applicable.
Mwanga Kamadi Vs. Uganda 1979 235

Constitutional Law - Habeas Corpus ad Subjuciendum - judicature Act s.33 - Habeas
Corpus Rules of 1972 s.7 (1) - A return in writing necessary - purpose - to provide the
court with the relevant information regarding the detention of the Applicant.
Constitutional Law - detention - Illegal detention - jurisdiction - Court has jurisdiction to

look into the question of whether a person has been detained illegally even if it is
under Presidential detention Order - where detention order is made in accordance with
the Public Order and Security Act, courts have no jurisdiction to look into it.
Kitariko Robert Vs. Twino-Katama David 1982 97

Constitutional Law - Election Court - jurisdiction - only court to determine whether
parson validly elected as member or National Assembly and whether seat of any
member has become vacant - orders made thereby not appeallable under s.66 of
National Assembly (Elections) Act (cap.131) - election judge's decision final once
certificate given to that effect by control commission.
Uganda Vs. D./AIP Okot 1987 17

Constitutional Law - Constitutional Court - reference on denial of bail - determination
of what constitutes reasonable time on remand depends on all circumstances of each
case and does not involve interpretation of constitution to warrant reference to
constitutional court.
Constitutional Law - ultra vires - provision denying bail - provisions of Trial on

Indictment (Amendment) Act No.5 of 1985 neither delayed speedy trial nor contravened
provisions of article 10 (3) (b) of the Constitution in its reference to trial within
reasonable time.
Page 129
United Assurance Co. Ltd Vs. Attorney General 1992-93 123
Constitutional Law - interpretation of constitution - procedure for referral - proper
constitution of court
Civil Procedure - jurisdiction - whether Article 237 clause 8 of the 1995 Constitution
ousts court's jurisdiction.
Lule Kivumbi Athanasius Vs. Hon. Emmanuel Pinto. 1996 9

Constitutional Law - cause of action - when action may lie to the Constitutional Court -
Jurisdiction of Constitutional Court - Constitutional Court has no jurisdiction to
entertain Election Petition.
Constitutional Law - procedure - enabling provisions for purposes of bringing action

to the Constitutional Court - failure to observe rules of procedure fatal to petition.
In the matter of Jim Muhwezi Katugugu & Constitutional Case No.6 of 1998. 1997 46
Constitutional Law - National Assembly (Powers and privileges Act) - leave of
parliament or Assembly must be granted before is documents are relied upon in
evidence.
Uganda Journalists Safety Committee & Another Vs. Attorney General 1997 43
Constitutional Law - Constitutional Court - Jurisdiction to entertain references and
petitions derived from Article 137 of Constitution - Redress under Article 50 of the
Constitution to be brought by ordinary civil action in a competent court of Judicature.
Constitutional Law - Constitutional Court - Jurisdiction - whether Constitutional Court

competent to entertain a petition a subject of an appeal - similar issues for
determination in the petition and appeal - whether proper for the Constitutional Court
to entertain petition in absence of reference from original courts that have handled
the matter.
Constitutional Law - Petitions - procedure - no valid petition without an accompanying

affidavit - accompanying affidavit mandatory under Rules 3(6) and 12(1) of Legal
Notice No.4 of 1996.
A. Bauman & Co. (U) Ltd Vs. Sir Wilberforce Nadiope 1968 50
Immunity of ruler to civil suit - effect to removal of immunity by legislation on
obligations - incurred - O.5, r. 1 (3) - omnia preasumunutur rite esse acta.
Uganda Vs. Namasirika Namonye 1968 115

Sentence on charge of "failing to pay graduated tax" for the years 1966 and 1967 -
excess of jurisdiction.
Ndaula Joseph & Eremegio Kawesa Vs. Uganda 1968 120

Game (Preservation and Control) Act Cap.226 Laws of Uganda section 14. Plea of
guilty ingredients of offence - onus.
Page 130
CONTRACT
Nakabaale Patrick Milton Vs. Makerere University College 1968 132
Action for damages-termination of services.
Insurance -Remittance of premium by post-whether sanctioned Delay by post- 1968 21

effect thereof.
E.K. Wapenyi Vs. E.M Kimbowa 1971 79

Claims for goods sold and delivered and services rendered under a contract -law
as to a contract for the performance of work - fixing reasonable time for completion
time cesence of a contract.
Katongole Arthur John Vs. Godfrey Lukongwa Binaisa 1971 120

Claim for return of motor car seized by the defendant for its value and damages-
counterclaim for money lent to plaintiff.
Balkrishana Vyas Vs. Uganda Industrial House Ltd. 1971 15

Contract of service - dismissal or resignation.
Waniala Adulai Leonard Vs. Masaba Co-operative Union Ltd. 1971 11

Estoppel.
Husseinali Muljani t/a Muhamed High School Vs. Marendra K. Mehta. 1971 323
Breach of contract -whether the agreement was illegal because it lacked the
consent of the Ministry of Education as provided for in the Education Act and
the Rules made there under -proof of special damages resulting from breach of
contract.
Silvesta Gidudu Bulauf Vs. Muyobo-Mulembuli Ground. 1971 222

Quantum meruit-assessment for clearing and leveling ground.
Okello Gideon Vs. Eastern Garage 1971 223

Hire-purchase agreement-loan by third party-right of third party to seize car-
damages for unlawful detention.
Multi Construction Ltd. Vs. C.M. L. K. Ntende 1971 298

Recovery of debt based upon a building contract-lack of locals standi -arbitration
is a condition precedent to any proceedings.
Ddamulira Patrick Vs. National Insurance Corporation 1972 181

Contract of employment with corporation -no written regulations setting out terms
of service with corporation-suspension and dismissal -when dismissal took effect-
right to notice-right to leave.
National Trading Corporation Vs. Moses Kityo 1972 175

Contract of employment-effect of suspension on payment.
Dr. Syedna Mohamed Burhannudin Saheb & 2 ors Vs. Jamil Din & 3 others 1972 260
Agreement for sale of property-forfeiture clause -whether time of the essence
of the contract-whether relief from forfeiture at common law or equity.
Page 131
George Hall Vs. Chas O.F. Drani 1972 61
Contract for sale of a bar-fraudulent misrepresentation-whether contract void.
National Industrial Credit (U) Ltd Vs. C.D. Patel t/s Western Transport Co. 1972 85
Hire purchase agreement-whether frustrated-whether term in contract covering
event in question.
Aniello Giella Vs. Cassman Brown & Co. Ltd 1972 179
Contract in restraint of trade-whether reasonable restraint-whether temporary
injunction already granted should be stayed pending appeal.
Mabiiho Deo Vs. Fred Kaijabwangu 1972 176

Sale of goods-written contract-parol evidence-Evidence Act ss.90-99-adequacy
of consideration-witness in court throughout proceedings -whether evidence
inadmissible.
Sikakyolwoyo Jehoash Mayanja-Nkangi Vs. National Housing Corp. 1972 26

Contract for sale of house-offer or invitation to treat-application of statute of frauds
to Uganda-Evidence Act, s.113 estopped-powers of Minister, with regard to land
owned by the Uganda Land Commission-payment of rent -waste.
Pollen (U) Ltd Vs. Associated Match Co. Ltd 1973 111
Contract-offer - whether letter constituted a valid offer.
Kiggundu Samuel Vs. Barclays Bank of Uganda Ltd 1973 169

Contract of employment -dismissal -whether lawful-construction of contract.
Bibonde Sulaimani Vs. Sabani Waiswa 1974 120

Civil Procedure -age of majority -whether age of 21 applied or age of 18 as set out
in s.3 of the Contract Act, Cap.75.
Ddungu David Vs. East African Posts & Telecommunications 1974 290
Breach of contract -negligence-offer for a reward of shs.2,000/- leading to arrest
and recovery of stolen telephone wires. False opinion by defendants investigating
officer -failure to prosecute the suspect-whether the offer was frustrated-whether
defendant liable to pay the promised reward-damages.
to Ag. Deputy Chief Registrar - whether court functus officio-Civil Procedure Act
s.102 -whether payment of lesser sum discharged larger debt-application of
Pinnel's case-whether "accord and satisfaction".
Jabi A.M. Vs. Mbale Municipal Council 1975 190

Contract-employment -wrongful dismissal-right of employer to dismiss employee-
whether subject to limitations-meaning of wrongful dismissal - need for justifiable
cause and reasonable notice-summary dismissal of employee on permanent
terms - condition to be satisfied-staff regulations governing employer/employee
relationship-duty on employer to observe regulations before dismissal-damages-
assessment.
Page 132
Adam Bin Ramadhan Vs. East African Railways Corporation 1975 195
Tort-negligence - defendant accepted to transport plaintiff alleged the defendant
performed his part of the contract so negligently that four of the plaintiff's cattle
died on transit-willful misconduct under section 12 of Tariff Book No.5 of East
African Railways-misconduct not pleaded and relied on at the hearing -whether
defendant liable.

Contract-Breach of contract of employment -wrongful dismissal-E.A. Railways
corporation Act, s.90 - whether action barred by limitation under section-section
not applicable - plaintiff acquitted of criminal charge but corporation instituted
disciplinary proceedings based on charge-procedure wrong - reasonable notice-
plaintiff in long service entitled to reasonable notice to allow to find alternative
employment.
E.A. Community Laws-limitation of actions - E. A Railways Corporation Act (Cap.18
s.90-section only applicable to acts which corporation has duty to do in pursuance
of the Act-section not applicable to action for wrongful dismissal of junior employee.
Mugumuza Asadi Vs. Agip Petrol Station 1975 290

Contract - Bailment-bailer and bailee relationship-liability of bailee entrusted with
goods for reward-duty to take reasonable care for sale custody of goods-servant
having custody of goods in course of employment making unauthorised use of
them-liability of bailee for damages or loss.
Contract-exemption clause-negligence in performance of contract-limitation of

liability-exemption clause must be part of contract and adequate notice of
conditions within must be given to other party-person holding out as possessing
special skills in performance of job-duty to exercise skill and care-whether duty can
be excluded - need for special agreement within contract-exemption clause on
notice board whether could relieve of liability.
Kafuma P.L.N. Vs. Masaka District Growers co-operative Union Ltd 1975 285
Contract-wrongful dismissal-written agreement-provision for 3 months' Notice on
termination - Dismissal without notice-whether plaintiff entitled to general damages
or to pay in lieu of notice-whether payment for month of dismissal and annual leave
recoverable.
L. Lugalambi, J.Lutta-Musoke, M. Lugalambi, Y.Lutta-Musoke, & Highland

Merchant Co., Vs. The Board of Governors Namilyango College. 1975 321
Contract-Brach of Contract- Headmaster contracted with the plaintiffs on beheld of
the defendant Board-Rule 23A of the Board of Governors (Self-governing Schools)
Rules S.I. 116-3 (Cap.116) - Whether the Headmaster therefore acted within his
powers.
Kabugo Fukasi Vs. Attorney General 1975 351

Tort - vicarious liability-master and servant - test whether defendant master depends
on whether contract of service exists-factors to be considered.
Page 133
Windt Ernest Vs. Gordon Parrot 1976 30

Contract - repudiation - misrepresentation - offer made for sale of shares in a company-
plaintiff making innocent misrepresentation that company had made profit whereas it
had made a loss-whether contract had been induced by material misrepresentation -
revocation of offer - whether it had been done promptly.
Contract - remedies-specific performance - action brought six years after contract -

remedy equitable and aggrieved party ought to act promptly - plaintiff not a vigilant-
not proved - duty to mitigate.
Robbialac Paints (U) Ltd Vs. K.B. Construction Ltd 1976 49

Contract - building contract - Breach - time as essence of contract - failure to
complete work by stipulated date - claim for damages.
Contract - Repudiation - abandonment of work contracted for - whether amounted to

repudiation.
M/S P S.S. Kirumira Oil Millers Industry Vs. Uganda American Insurance Co. Ltd 1976 56
Contract -privity-insurance contract-only enforceable by parties to it.
Kambe Alfred Vs. African United Auto Engineers & Anor 1976 105
Contract - repair of motor/vehicle - repair a bill - whether capable of review by court-
unpaid repairer retaining motor vehicle - whether retention lawful.
United Garment Industry Ltd Vs. NOTCO (Kampala) Ltd 1977 128
Contract -exemption clauses - defendant relying on exemption clause not brought to
notice to plaintiff - party relying on exemption clause had duty to bring it to notice of
other party unless conditions are fundamental term of contract or other party unless
conditions are fundamental term of contract or other party accepts then by conduct
or is aware of then through practice.
Contract -bailment-bailee of consigned goods is under duty to take reasonable care

of goods stored with him-bailee is under duty to deliver the goods when demanded by
bailer -where bailer pleads non-delivery of bailed goods bailee is under duty to prove
that he took all reasonable and proper steps for due security of goods - failure to
deliver the goods due to loss or damage caused by bailee's or his agents' or
servants' negligence, makes bailee liable to pay full value of goods bailed.
Contract - bailment - contract of bailment involves personal skill and care - where
duty to take care of bailed goods is delegated to sub-contractor bailee must obtain
authority from bailer - where such authority is obtaining bailer can have action against
independent contractor well as bailee.
Contract - bailment - payment of taxes and duties-primary duty to pay duty and 1977 129
sales tax is on importer -where bailee pays such tax he is entitled to rembursment
from bailer where goods are lost or damaged while in his custody, but where damage
or loss is due to negligence or theft of bailee's employees no reimbursement is to
made.
Page 134
Contract - bailment-breach of duty care -loss recoverable is one that was foreseeable
as likely to result from breach in ordinary course of business-loss of profits to
recoverable if foreseeable .
Katarikawe John Vs. Katwiremu W (Deceased M Nyamihanda - Administrator) 1977 187

Contract - Sale of land - contract for sale of land is not perfected until an effective
transfer of title has been made, but failure to do so does not effect the contract until
the land is transered to other persons.

Contract - contract of service - claim for pension - pension is a right and may be
recovered by court action.
Ngira Elizaphan Vs. Dunlop East Africa (U) Ltd 1977 333
Contract - employment - wrongful dismissal - dismissal for refusing to resume work-
conduct contrary to agreement regulating the terms and conditions of service of
plaintiff - whether dismissal was wrongful.
Magamboni John M. Vs. Uganda Hire Purchase Co. Ltd. 1978 54
Contract - sale of goods - rights of unpaid seller - wrongful seizure of motor vehicle
partly paid for - unpaid seller has lien or right to retain goods in his possession - once
possession lost seller has no right to seize goods, but only remedy is to sue for price
of goods - Sale of Goods Act, ss.19(1), 39 40, 43 and 49.
Tiger Night Guard Service (U) Ltd Vs. Mathew Okoki Opoka & Co. Ltd 1978 156
Contract - fundamental breach - where there is fundamental breach of agreement,
party not in breach is entitled to terminate the agreement.
Contract - service contract to provide night guards - guards shabby irregular on duty
and generally inefficient - whether fundamental breach of service agreement.
Sekanoni John Vs. Nsubuga Cosma 1978 145

Contract - sale of house - sale and purchase conditional - ownership not to pass to
appellant unless and until he fulfilled the terms of the agreement viz payment of
shs.300/= balance purchase price within agreed time - appellant failed to pay in time-
whether respondent was entitled to repudiate.
Okalebo John Vs. Eluluma s/o Abau & Omonding Petero 1978 200
Contract - defendant leaned land to plaintiff to cultivate crops - plaintiff provided
necessities of life to defendant - dependent promised to leave land to defendant -
dependant promised to leave and to plaintiff on his death - document (agreement)
produced allegedly thumb printed by defendant - no evidence to legally enforceable
contract whether document could be relied on.
Kitemangwa George Wilson Vs. Damali B. Mpagi 1978 206

Contract - sale of land - limitation of actions for contacts for sale of land.
Grindlays Bank (U) Ltd Vs. Obol - Ochola & 4 Others 1979 22
Contract - mistake - mistake as to nature of document - signing of document under
mistake as to the nature thereof - person signing under such mistake not bound
thereby.
Page 135
Sekitoleko B. Vs. C. Kisiriko 1979 49
Contract - an accord of satisfaction - if an agreement for the payment of a lesser sum
in satisfaction of a greater is to be taken as a good accord, the agreement must not be
be induced by threats or pressure, explicit or implied.
Contract - merger of a contract debt - payment of a lesser sum is no discharge at law

of a debt for a greater sum.
Contract - repayment of a debt - payment of a lesser sum is no discharge at law of

a debt for a greater sum.

Contract - debts - appropriation of payments - right of debtor to appropriate in case of
two or more separate and distinct debts - rule in Clayton's case - whether failure to
appropriate transfers the right to creditor - failure to appropriate renders a debt on a
running account to be treated as a running account generally and payments thereon
cannot be separated.
Contract - tenders - supply of drugs under tender - liability to tendered where buyer
rescinds contract under tender unilaterally - tender's right as to full payment.
Malembo Y. Vs. Bugaga Kwegata Farmers 1981 24

Contract - mistake - whether mere mistake nullifies contract.
Kabona Brother Agencies Vs. Uganda Metal Products and Ehamelling Co. Ltd 1981 74
Contract - breach of contract- contract to deliver beds - failure to deliver - damages for
breach - necessity of proof even where judgment is entered in default of appearance.
Mainuka J.R. & Sons Vs. Abasaija Kweyamba Co-operative Society 1982 50
Contract -carriage of goods - breach - measure of damages where no evidence of
misdelivering or conversion of goods by carrier is full value at time of delivery.
Contract - carriage of goods - warranty of safe carriage and delivery of goods - carrier
breaches warranty when uses carriage not fit for purpose.
Contract - carriage of goods - warranty of safe carriage and delivery of goods - warranty
breached by mere non-delivery and negligence is immaterial - carrier only absolved if
loss caused by act of God or enemy.
Naks Ltd Vs. S.Kyobe Senyange 1982 52

Contract - money lending - illegality of contract - contract of loan entered into by a
person engaged in business of lending money without a money lender's licence
contrary to s.2 the Money Lenders Act (Cap.264) illegal.
Grindlays Bank (U) Ltd Vs. Godfrey F. Kasozi 1982 53

Contract - contract of service - remuneration - no agreement as to remuneration to be
paid for services rendered - implied contract to pay reasonable remuneration on basis
of quantum meruit - dispute as to work done.
Ebutu Simon Vs. Mikairi Ekwamu 1982 43

Contract - customary marriage - divorce - claim for refund of dowry to be filed in time -
Limitation Act (Cap.70) applies to customary cases.
Page 136
Kakooza Joseph Lunguju Vs. Ethiopian Airlines Ltd 1982 111
Contract - contract of carriage by air - breach - claim for damages - frustration -
contract consists of an agreement by airline to carry passengers from one point to
another according to its time tables in return for payment.
Wamala Matia K. Vs. Uganda Press Trust Ltd 1982 114

Contract - illegality - contract which purports to out jurisdiction of courts is illegal.
Contract - contract of service - termination by employer - employee not to be arbitrarily

dismissed - 3 months' notice in writing giving intention to dismiss him required.
Bubare Company Vs. Meble Kente 1982 143

Contract - contract of service - breach - damages not to be awarded in absence of
clear terms of service and nature breach.
Kahigiriza James Vs. Sezi Busasi 1982 148

Contract - guarantee - guarantor - rights of guarantor vis-à-vis principal debtor-
requirement of proof of discharge of debt by guarantor.
Contract - loan - date - importance of date when loan obtained.
Contract - sale of goods - breach - measure of damages for non-delivery.
UPTC Vs. East African General Insurance Company Ltd 1983 36

Contract - arbitration - court's powers - court has no jurisdiction to appoint arbitrator or
compel any party to agreement to do so.
Contract - arbitration - procedure - procedure laid down in s.7 Arbitration Act (Cap.55)
where procedure followed, award obtained binds both parties - wrong procedure to file
suit and obtain injunction.
Contract - arbitration - submission by parties - once parties by agreement agree to

refer all disputes of fact and law to arbitration both bound to submit to arbitration in
case of dispute - dispute arises where one party to agreement construes clause
differently from what other party believes to be correct construction - dispute to be
settled in manner provided by agreement regardless of who should win dispute.
Bugondo Christopher Vs. Uganda Commercial Bank 1983 46

Contract - contract of service - summary dismissal - notice - summary dismissal and
notice cannot go together as act of summary dismissal sudden one-master free to
dismiss servant summarily for willful disobedience of lawful and reasonable instructions.
Contract - contract of service - summary dismissal - wrongful act - it is nature of act

and not consequences which is relevant - immaterial that employee's act caused no
damage to employer.
Afro Traders & Farmers (U) Ltd Vs. Gailey Roberts (U) Ltd Machinery Services Div. 1983 48
Contract - breach - sale of goods - stipulation of time for payment long and
Page 137
unreasonable delay in payment for goods by buyer - terminance for breach of contract.
Contract - formation - invitation to treat, offer and acceptance.

Contract - loan agreement - legality - Money Lenders Act (Cap.264)-joint venture -
profit of interest payable on loan - reasonable leness of amount.
Elotu John Vs. Uganda Airlines Corporation 1984 39

Contract of service - wrongful dismissal - summary dismissal - distinction between
summary dismissal and termination - negligence of employee - loss of employer's
money - claim for general damages and terminal benefits by employee.
Kakande Aloysius Vs. Nsimbi Edward 1984 37

Contract - mistake - document signed in ignorance of nature - plea of non est factum-
to whom plea available.
Contract - mistake - nature of document - plea of non est factum - burden of proof -
proof that reasonable care exercised - effect of failure to take precautions.
Contract - illiterates - language of document - effect of s.4 Illiterates Protection Act

(Cap. 73).
Sekayombya J.W. Vs. Uganda Steel Corporation 1984 42

Contract - damages - restitution in intergrum - market value presumed to be true value
of goods.
Serunjogi E. Vs. Bukenya Estates Ltd 1984 52

Contract - sale of goods - breach of contract - non-delivery of goods-refund of deposit
on purchase price by cheque - dishonour of cheque - suit on dishonoured cheque or
for refund of deposit.
Bweya Steel Works Ltd Vs. National Insurance Corporation 1985 58

Contract - bare promise - enforceability - bare promise not supported by any or
sufficient consideration not binding.
Contract - existence - sufficient or unsettled terms - where terms of contract not spelt
out with sufficient certainty no contract.
Contract - specific performance - part-performance - acts of part - performance to be

unequivocally and in own nature referable to agreement alleged - where no contract
plaintiff not entitled to specific performance.
Mbalule Julian t/a Julian Mbalule & Family Vs. Transocean (U) Ltd 1985 82
Contract - contract of carriage - breach - measure of damages.
Contract - contract of carriage - common carrier - common carrier insurer of goods

subject only to four excepted perils namely act of God act of sovereign state enemies,
inherent vice and consignors fault - prima facie strictly responsible for all loss or
damage that occurs in transit.
Page 138
Contract - contract of carriage - failure to deliver - where common carrier fails to
deliver goods to plaintiff amounts to breach of contract of carriage.
Contract - contract of carriage - negligence - common carrier liable where damage

caused by negligence whether or not goods insufficiently packed.
Kiyingi Dan Lutalo Vs. National Insurance Corporation 1985 41

Contract - contract of service - termination - where employer not satisfied with
performance of employee entitled to terminate services on giving notice and benefits-
where not done employer liable.
Contract - contract of service - termination - where plaintiff senior member of staff

whose services terminated abruptly without notice and with no benefits entitled to
general damages for embarrassment and inconvenience.
Munira Vs. National Insurance Corporation 1985 110

Contract of service - wrongful dismissal - allegation of commission of crime - servant
not to be dismissed on ground of commission of criminal offence not proved before
court of law properly constituted - employer's inalienable right to dismiss servant to be
exercised within ambit of plaintiff's contract of employment.
Contract of service - wrongful dismissal - withholding of terminal benefits - where

dismissal wrongful withholding of terminal benefits also wrongful.
Okello Alexander J. Vs. Fiat (U) Ltd & Another 1986 75

Contract - bailment - contract of bailment entails safety of stored goods.
Kanyabakali & Others Vs. Attorney General 1987 47

Contract - bailment - bailee's duty - duty imposed on bailee to keep Goods deposited
with him for safe custody only binding if no one else other than absolute owner turns
up later to make claim with better title to ownership - where person with better title
not party to suit his property not to be attached as judgment debt.
Alupakusadi Lugoba Kirunda Wanume Vs. Uganda Railways Corporation 1987 45

Contract of service - wrongful dismissal - proof - where no evidence of breach of
contract of service no damages recoverable.
Contract of service - wrongful dismissal - proof - where no proof of length of notice

court cannot determine whether notice reasonable or not.
Contract of service - wrongful dismissal - proof - where no proof of dismissal damage-

not recoverable.
Larco Concrete Products Ltd Vs. Transair Ltd 1987 39
Contract - enforceability - jurisdiction - law governing contract not decisive factor in
determining whether particular court to exercise jurisdiction what matters is
unequival submission to exclusive jurisdiction of foreign court and whether proper and
just for court where proceedings brought to entertain action.
Lubowa Mohammed Sheikh Vs. Kitara Enterprises Ltd 1987 42

Contract - Sale of Land - consideration - no valid agreement where consideration for
purported agreement fails.
Page 139
Barugahare Anthony Vs. Ntarantambi Marita & Alo Babinaga 1987 95
Contract - privity - suit by outsider - where party not privy to contract has no locus
standi to sue on it.
Engola Samson Vs. Christine Nabitalo 1988-90 169

Contract - discharge - disappearance of subject matter - contract to be discharged if
owing to some extraneous cause object parties had in view disappearance.
Contract - foundation - destruction - where foundation of contract destroyed performance

frustrated.
Kayondo H.M.B. Sc Vs. Attorney General 1988-90 127

Contract - government standing orders - public officers - standing orders do not
constitute contract between President and public officers.
Larco Concrete Products Ltd Vs. Transair Ltd 1988-90 80

Contract - jurisdiction - words limiting jurisdiction in contracts effect of.
Jakana D. Vs. C. Senkaali 1988-90 167

Contract - loan - mortgage - contract of loan upon security of mortgage of immovable
property not caught by provisions of Money Lender Act (Cap. 264) and enforceable.
Serunjogi Edward Nelson Vs. Lameck Sewava Katabira 1988-90 148

Contract - remedies - specific performance - equitable doctrine discretionary.
Lutakome Edirisa Haji Vs. Sentongo Christopher 1988-90 95

Contract - remedies for breach - specific performance - specific performance not
available where plaintiff can adequately be compensated by damages.
Jakana D. Vs. C. Senkaali 1991 104

Contract - loan - mortgage - contract of loan upon security of mortgage of immovable
property not caught by provisions of Money Lender Act (Cap.264) and enforceable.
Bushari Isaac Vs. Vitaform Uganda Limited 1991 107

Contract - remedies - specific performance - the remedy of specific performance can
only be granted where the goods are specific or ascertained.
Consult Architects Vs. A. Bauman (U) Ltd 1992-93 202

Contract - breach -m construction of written terms of the contract - circumstances of
each case to be taken into account.
Esso Standard (U) Ltd Vs. Semu Emanu Opio 1992-93 107
Contract - breach of contract - assessment - occurred before currency reform but
judgment was passed after the currency reform - statute 1987 applies to the damages
awarded in define and in contract.
Contract - breach of contract - damages - whether exemplary or punitive damages can

be awarded for breach of contract.
Page 140
S.T. Enterprises Vs. Nile Breweries Ltd 1992-93 115
Contract - breach - remedies - specific performance - specific performance not
available where plaintiff can adequately be compensated by damages.

Contract - contract of service - damages for wrongful dismissal - terminal benefits,
pensions salary, leave allowance must be claimed as special damages.
Contract - contract of service - wrongful dismissal - dismissal is wrongful if the act of

the servant did not amount to willful disobedience.
Ramanbai J. Patel Vs. M/S Madhvani International Ltd 1992-93 189

Contracts - employment - breach - employee not entitled to damages except unpaid
earned salaries and retirement benefits if any.
Contracts - employment - construction of terms - circumstances of each contract to

be taken into account.
Contract - illegality - enforceability - illegal contract not enforceable by either party.
Contract - written terms - extrinsic evidence - extrinsic evidence not be admitted to

vary or deduct from written terms - extrinsic agreement not be treated as part of
contract.
Nuwemugize Wilson Vs. National Water & Sewerage Corporation 1992-93 229
Contract - employment - retirement - voluntary retirement - whether employee who
retires voluntarily can sue for wrongful retirement.
Contract - termination - notice of termination - payment in lieu of notice sufficient

without assigning reasons.
Africa Food Industries Ltd Vs. Amir Somani 1992-93 244

Contract - notation - conditions precedent - conditions to be satisfied before court can
conclude that new contract has replaced earlier existing contract.
Contract - novation - where there is novation of contract party who did not novation not
liable to pay sum claimed.
Afristate Clearing & Forwarding Co. Ltd Vs. Pearl Motors 1992-93 118
Contract - privity - agency - agent to claim from principal contract - existence of
implied sub contract.
Magezi Godfrey & Anor Vs Sudhir Ruparelia 1997 68

Agreement Contracts - interpretation of clauses - principles to be considered.
Banax Limited Vs. Gold Trust Bank Limited 1997 37
Contract - assessment of damages - need for evidence to establish loss occasioned
by Bank wrongfully freezing customer's account.
Shiv Construction Co. Ltd Vs. Endesha Enterprises Ltd 1998-200 12

Contract - consideration - what amounts to sufficient consideration - sufficient
consideration to be constituted where parties to an agreement intend to create a
legal relationship with rights and obligations under the contract.
Page 141
CONVERSION
Gyagenda Petro Vs. Attorney General of Uganda 1968 51
Ss.and 97G of the Traffic Act-order to be in writing-wrongful seizure and
detention-damages claimed to be proved strictly.
G.N. Sarangi Vs. The Attorney General 1970 14

Conversion -wrongful detention-whether action of police in seizing stolen car from
buyer in good faith and for value without notice, and returning it to its owner,
wrongful-s.36A of the Police Act-Sale of Goods Act s.23(1)-defence of jus tertii.
Uganda Vs. John Mulamya 1972 60

Theft by person in public service c/s.252 and 257 of the Penal Code-conversion
under 245(3)(a) of the Penal Code - whether definition of 'theft' at common law was
wider than conversion in Penal Code.
CONVICTION
Kotecha Mulji Lalji Vs. Uganda 1968 1
Circumstantial evidence-test to applied before convicting-duty to evaluate
evidence and make findings-delays in trial and delivering judgment.
Uganda Vs. Ibrahim Sempa. 1968 131
Uganda Vs. Charles Kagonyera 1968 141

PREVIOUS CONVICTIONS-DUTY of Magistrates to obtain accused's record
before proceeding to sentence-adequacy of sentence.
Commissioner of Customs & Excise Vs. Justo Otya 1968 3

Finding of "no case to answer" - reasons to be given for so finding.
Criminal Procedure-charge-amendment thereof-accused's opportunity to plead to 1968 16

such and recall witnesses.
Criminal Procedure -Joint trial-failure to pay taxes-charge-duplicity. 1968 17
Uganda Vs. Lubega Joseph 1968 28

Release of licence under s.49 of the prisons act-conviction for breach of
conditions of licence under s.50(4) of the Act-appropriate order on conviction.
The appellant and other accused affected being juveniles their names are
withheld. 1968 137
Uganda Vs. Lusiba Kasekende 1970 91

Natural justice - accused convicted of theft in his absence.
Ganaga Samuel Vs. Uganda - Receiving or retaining stolen property. 1970 210
Conviction for "receiving or retaining" a motor vehicle c/s 298(1) Penal Code-duty
to court to convict on only one limb of the offence-deterrent sentence on first
offender merited.
Page 142
Uganda Vs. A. Okao 1970 75
Conviction by magistrate Grade 1-commital for sentence to Chief Magistrate-s.10
Magistrate Courts Act-whether order proper WHEN maximum sentence for
offence is within sentencing power of Magistrate Grade 1.
Uganda Vs. Edward Mutyaba 1971 8

Previous conviction, meaning of expression
Refusal to attend a Tax Assessment Committee is no Criminal Offence. 1971 215
Uganda Vs. Yozefu Nzekuye & 2 others 1971 6

Compensation order mandatory under s.273(3) Penal Code-assessment- form
of order where more than one person convicted.
CORROBORATION
Uganda Vs. K. Ayor & A. Acila 1968 47
Section 150A of the Penal Code - man convicted on sole evidence of adulteress-
no corroboration-necessity for careful direction by trial court.
Uganda Vs. Kyangurube s/o Bihizi 1970 149
Uganda Vs. Abel Ochan 1972 1

Rape-need for corroboration of complainant's evidence-circumstancial evidence
implicating the accused may amount to corroboration.
Yozefu Nyagahakwa Vs. Uganda 1972 46

Rape c/ss.117 and 118 of the Penal Code -corroboration in sexual offences-
abandoning the witness-identification of clothing.
Uganda Vs. Walusimbi and another 1972 205

Evidence-prima facie case-requirement for corroboration of unsworn evidence of
a child of tender years-doctrine of recent possession.
Martinius Oloka Vs. Uganda 1972 220

Evidence - defilement c/s.123 (1) of Penal Code-unsworn evidence of child of
tender years-requirement for nature of corroboraton section 99(3) of the M.C.A-
nature of corroboration required.
Uganda Vs. Benedicto Kibwami Alias Ben 1972 247

Murder c/s 183 of Penal Code-dying declaration - nature of corroboration required-
necessity to adduce evidence of accused's arrest.
Nyagahakwa Yozefu Vs. Uganda 1972 46

Rape c/ss.117 and 118 of the Penal Code-corroboration in sexual offences-
abandoning the witness-identification of clothing.
Page 143
Uganda Vs. Ahimbisibwe Leonard Alias Kanyampaka 1997 6
Criminal Law - evidence - corroboration - evidence not on oath, of a complainant of
tender years needs corroboration - evidence of a person of tender years cannot provide
corroboration.
CORRUPTION
Criminal Law-Corruption by a public servant Relation to demanding money with 1968 13
nebaces-damand and payment of a "fine" to Policeman.
Uganda Vs. Mesusera Mukhalwe 1968 41

Application for revision by Chief Magistrate where trial magistrate is of Grade 1-
revision where appeal lies-form of application-(ss.1 and 10 of Magistrates' Courts
Act and ss.340 of the Criminal Procedure Code)-particulars necessary where
offence contrary to s.78(1) of the Penal Code charged - essence of offence of
official corruption-illegal sentence in default of payment of fine-(s.302(d) C.P.C.).
Kizito J.B. Vs. Uganda 1968 62

Corruption-s.78(1) Penal Code - evidence showing demand by menaces.
Okuni Joseph Eriya Vs. Uganda. 1968 135

Corruption by a Public Officer-section 78(1) Penal Code.
Uganda Vs. Zedi Kalyebi 1970 208

Prosecution under repealed section of Penal Code-offence allegedly committed
after repeal effective.
COSTS
Kasule Musa Haji Vs. Kizito Jaffali Haji 1968 8
S.12 Magistrate's Court act-0.45, r.6-claim for possession and mesne profits-
claim how jurisdiction determined.
Kassam Mohamed & Sons Ltd Vs. Misaki Nangwomu 1968 9

Rules 42 Advocates' (Remuneration & Taxation of Costs) Rules, 1959-successful
plaintiff deprived of costs-when costs should follow the event.
Ghelani A.M. (Liquidator) Vs. P.J. Radia 1968 53

Limitation of action-Limitation Act-claim for money received for the use of the
plaintiff - when cause of action casue of action accrues.
Odongkara John Brown Vs. S. Kamanda & Busoga Government. 1968 54

O.43, r.3-contents of notice of motion - graunds of application to be stated in
general terms-application misconceived-O-1, r.10(2).
Sebei District Admin Vs. Samwiri Gasyali & Others. 1968 66

Appeal against refusal to set aside ex parte judgment O.9, r.9 - principles on
which discretion to be exercised.
Ambalal Vallabhadas Bhavsar Vs. Afro-Links Ltd & Victor House 1968 71
Application by Court Broker to review costs order-whether order properly drawn
up-whether Court Broker "aggrieved party"-O.18, r.7-O.42, r.1.
Page 144
Nazigo Farmers Ltd Vs. Y.S. Kalanzi 1968 87
Plaint disclosing that claim founded on a felony -proceedings stayed.
Otim Michael Vs. Wilberto Okuza 1968 146
Mawogola Farmers & Growers Ltd Vs. Livingstone Kayanja and 19 others. 1971 16
Security for costs on appeal to E.A.C.A.-Rules of the East African Court of
Appeal, Rule 60-discretion of judge.
Carasco Principe Vs. Budaka Ginners Ltd 1972 101

Application for Advocates" Bill of Costs-s.59(2) of the Advocates' Act 1970-
whether notice of motion was appropriate to move court-Advocates' Act, s.57(3)
par.1 of Schedule 3 to the Advocates Act 1970.
Multi Holdings & anor Vs. Uganda Commercial Bank 1972 213
Costs-costs incurred unneccessarily by refusal to admit facts and false
pleadings-whether costs as above should be awarded to successful party.
A. Biringwa Vs. A. Kazarwakabi 1972 72

Withdrawal of suit from Magistrate Grade II - order for payment of costs - reasons
for assessment of costs-order to show cause why warrant of arrest should not
issue-attachment order-sale.
Uganda Vs. Musa Mayeku 1970 154

Complainant who was not a prosecutor ordered to pay costs to acquitted
defendant-illegal order-ss.171 and 173 C.P.C.
Uganda Vs. Livingstone Kayizzi 1970 222

Failure to comply with licence to be at large c/s 50(4) Prisons Act-nature or
plea-effect of order of restoration of licence.
Uganda Vs. Lazarus Senzira 1970 132

Application for leave to withdraw charge under s.83(a) of the C.P.C. - whether
court has power to refuse leave-award of costs under s.171(e) of the C.P.C.
Uganda Vs. G.W. Muwonge & anor 1970 3

Theft of motor vehicle-insufficient investigation-withdrawal of charge-costs against
prosecution.
Uganda Vs. Rugh Nanyonga & 2 others. 1970 170

Procedure-complaint used as evidence-evidence taken in absence of one of the
accused-fatal irregularities.
Kasujja Mohamed Vs. Uganda 1970 221

Costs-award of for delay of trial
Page 145
Uganda Vs. John Rwakitago 1971 105
Error in charge sheet-failure of justice not occasioned, s.347 CPC-compensation
order in excess of pecuniary jurisdiction, s.174 CPC (s.209 Magistrates' Courts
Act, 1970) - arbitrary award of costs.
Uganda Vs. J.M. Birakwate 1971 132

Award of costs to acquitted accused-s.207, Magistrates Court Act no
consideration given by court to whether the prosecutor had reasonable grounds
for prosecution the accused - no taxation of costs in criminal cases.
Uganda Vs. Bernard Katerama Katarikawe 1971 25

Order for payment of costs by prosecutor on withdrawal of charge, s.171(f) CPC-
whether prosecutor had no reasonable grounds for proceedings against accused.
Nanyili John & Anor Vs. Willington Waniala & Anor 1974 60
Trespass-assault occasioning miscarriage-defamation-slander actionable per se-
imputation of a crime punishable by imprisonment-statement made by person in
authority-injury to business -assessment of damages-Civil Procedure-
apportionment of costs.
East African Railways Corporation Vs. Martin Obwoya 1974 188
Workmen's Compensation act, ss.5 and 17-workman on his way to work-whether
he suffered injury out of and in the course of employment-whether the
circumstances of the accident fall within s.5 of the Act-awarding of costs.
Wandera Erisama Vs. Azaliya Jemera 1974 65

Civil Procedure -procedural errors-trial of case by public vote-evidence given by
witnesses not called by either party nor cross-examined by them-visiting the locus
in quo-re-trial -circumstances under which it can be ordered-award of costs when
courts are at fault and parties are unrepreented.
Kyahulwa Salepio Vs. Erias Sentongo 1974 210

Costs-damages claimed under various heads-some of the heads rejected by the
courts-whether costs should be certified on the High Court scale or on the
subordinate court's scale.
Ntate George Vs. Cool Nyakapanka 1974 253

Affiliation Act-appeal under section 11 of the Act against order for payment of
maintenance at rate of shs.100/- per month per child for 5 children -custody of the
children left to the mother (respondent) -mother made pregnant by appellant while
still at school -whether mother suitable person have custody of the children as
opposed to the appellant - sections 5 & 7 of the Act- whether mother can receive
maintenance when custody is not with her -paramount consideration before court-
the good and welfare of the children -whether putative father exonerated from the
maintenance of his children custody is not with him-whether maintenance at the
rate of shs.100/-per child per month is excessive - whether costs of shs. 600/-in
absence of counsel's representation is excessive.
j.k. Kim Vs. Kang & anor 1974 237

Civil Procedure -application for revisional order under section 83 of the Civil
Procedure Act and payment of costs to the successful defendant under section
Page 146
27 of the Act-Order 1 rule 7 of the Civil Procedure Rules whereby court had to
decide to whom liability fell in cases where two defendants do not admit liability.

Tort-landlord and tenant-wrongful possession of and tresspass on property-mesne
profits-meaning of mesne profits-whether wrongful possession was an essence of
claim thereof s.2 of the C.P.A Evidence-sketchy evidence-witnesses-whether
to give reasons thereof -whether appellate court was in as good as position as the
evidence without commenting on demeanour or untruthfulness of witness-relief-
whether court could grant relief not pleaded-counter-claim-form -whether omission
to follow usual form rendered pleading useless O.8 r.8 C.P.R. -court fees-whether
Court Fess Rules, vol. X Laws of Uganda -whether deficiency could be made good-
O.7 r.11(c ) of the C.P.R., s.100 of the C.P.A. and r.6 of the Court Fess, Fines &
Deposits Rules Vol.X laws of Uganda -need for deficiency to be put right as soon
as discovered-whether counter-claim could be left on record where evidence for
and against it had been heard-framing of -issues-O.13 r.5 of the C.P.R. - whether
Twiga Obonyo Vs. Caltex Co. (U) Ltd 1974 21

Civil Procedure -application for stay of suit till payment of costs in previous suit
based on same cause of action-O.11 r.4 of the Civil procedure Rules.

Tort-negligence-driver of lorry not waiting sufficiently for boarding passenger to
assume safe position-contributory negligence -guantum of damages for fracture of
clavicle-Civil Procedure - witness in court throughout proceedings-whether his
In the matter of Kampala City Council & in the matter of Youngson Odong 1974 199
Taxation of Costs -instruction fees-whether taxing master bound to give reasons
for all the award -whether taxing Master bound to consider all circumstances of
cases-Rules 3 of the Taxation of Costs (Appeals and Reference) Rules - minimum
award - whether taxing Master had discretion to increase fee beyond minimum -
discretion must be exercised judicially-Rule 13 of the Advocates (Remuneration
& Taxation of Costs) Rules Schedule VI(1) ( c).
Mbarara Coffee Vs. Grindlays Bank (U) Ltd. 1975 56

Civil Procedure -limitation period in civil cases under s.4 of the limitation Act
Cap.70-O.7 rr.6 and Civil Procedure Rules-negligence-action for negligently
transferring account of the plaintiff company to other company or person - in course
of proceedings plaintiff alleging fraud on part of the defendant company-when does
a cause of action accrue-plaintiff losing on preliminary issue-whether entitled to
recover costs on the suit as a whole.

Page 147
Ochieng Erinesti Vs. Obedo Nyambito 1975 117

Tort-whether a criminal record could be used as basis of a civil suit-prosecution of
private person-whether private person entitled to claim costs incurred in the
prosecution -defamation - whether libel was actionable per se - damages.
Kubirabo Joseph Vs. Kakwenzire Anatori 1977 35

Costs-a trial magistrate has a discretion in the award of costs-his discretion,
however, should be exercised judicially.
Olwora Alfred Vs. Uganda Central Cooperative Union Limited 1997 35

Costs - Advocate practicing without valid practising certificate not entitled to costs.
Ogoal Akisoferi M. Vs. Akika Othieno & Another 1997 53
Civil Procedure - costs - principles for awarding costs must not only be outlined but
must be followed.
Costs - instruction fees - principles regarding scope of an Advocates Instruction Fees.
Uganda Blankets Manufacturers (1973) Ltd Vs. Attorney General 1997 60

Civil Procedure - costs - whether interest accrues on costs awarded.
Civil Procedure - costs - interest on costs awarded at the discretion of the court.
COURTS
Courts - principal court-jurisdiction -to try matters of a civil nature where all parties
were Africans and the issue involved concerned matters of native law or native
customary law or interest or title in registered mailo land.
Kagodo Paulo Kalule Vs. Kyagaza Kalorina 1979 136

Court Practice - court brokers - immunity under the Judicature Act - immunity of
magistrates in execution of decrees/court orders.
CRIMINAL LAW
Uganda Vs. Badrudin Adatia 1971 130
Adjournment of criminal case sine die-no power in court to so adjourn.
Uganda Vs. Kiteta 1971 290

Assault occasional actual bodily harm c/s 228 of the Penal Code - adequacy of
the plea-satisfaction of an appeal court that the accused fully understood the
charge and made an unequivocal plea.
Page 148
Uganda Vs. Luben Kanyaruteke 1971 238
Amendment of charges-conviction already entered on first charge-correct
procedure.
Uganda Vs. Amadi Obura & another 1971 291

An attachment order for failure to pay compensation in an elopement case-
court has no power to make such an order as part of the sentence.
Uganda Vs. John Mukasa 1971 289

Burden on the accused to explain possession under s.299(1) of the Penal Code-
when a policeman can "stop and serach as per s.20 of the C.P.C.
Uganda Vs. Lawrence Mugoya 1971 212

An order of discharge under s.209 of the Criminal Procedure Code -when made.
Uganda Vs. Nyakwiragura & 4 others 1971 41

Charge sheet-meaningless particulars of offence-misjoinder of offences.
Uganda Vs. Mutabazi, Kamanyire & Katukura 1971 129

Charge of assault-evidence indicating that robbery had been committed whether
Magistrate Grade II had jurisdiction - no corporal punishment with probation
order.
Uganda Vs. John Ojock 1971 214

Charge brought under a section not yet in force-S.128(a) of the Traffic and Road
Safety act, 1970.
Uganda Vs. Abudu Bamuru 1971 236

Charge sheet-particulars, failure to include in particulars word "unlawfully" in
charge under section 227 of P.C - charge defective.
Uganda Vs. Rafail Ondelule 1971 239

S.190 C.C.A.-detention of young offenders-age of accused given as "about 18
years" on charge sheet-necessity to call evidence as to age before sentence.
Uganda Vs. C.R. Patel 1971 233

Discharge of accused under s.119 of the Magistrates' Courts Act - no request
by D.P.P.
Uganda Vs. Yokoyasi Talimusa 1971 241

Dismissal of a complaint under s.41(4) of the Magistrates' Courts Act.
Uganda Vs. Stephen Mukasa & 2 others 1971 238

s.214 M.C.A. -disposal of exhibits.
Edirisa Nampuma Vs. Uganda. 1971 216

Disposal of property found with the accused upon his arrest-S.36A of the Police
act, and S.178(a) of the Criminal Procedure Code.
Kasujja Giraido Majera Vs. Uganda. 1971 38
Page 149
Duty of court before admitting incriminating statement where accused not
represented - "trial within a trial" procedure.
Uganda Vs. John Bukaine 1971 103

Plea of guilty - necessity of recording words used by accused, s. 207 (2) CPC
s.122 (2) Magistrates' Courts act 1970.
Sajjabbi John Vs. Uganda 1971 148

Failure of justice-s.347 C.P.C.
Uganda Vs. Petro Byakatonda 1971 217

Failure to allege that the failure to pay graduated tax was "without lawful
excuse"-s.69(3) of the Local Administrations act, 1967-Mecessotu of proving
the accused where he says is under the agent of 18.
Uganda Vs. Stephen Sebugwawo 1971 234

Failure of prosecutor's witness to appear-s.177 of the Magistrates' Courts Act-
failure to prosecute.
Uganda Vs. Jerm ssesiro & 2 others 1971 274

Degree of proof in capital offences.
Susagi Henry Vs. Uganda 1971 40
Identification of appellant in "bright moonlight"-appellate court taking judicial
notice of information to the contrary contained in almanac.
Uganda Vs. Christopher Lugaya 1971 213

Irregular procedure by a magistrate-failure to enter a plea of any description
after the accused had answered to the charge-verdict of not guilty based on facts
as recited to the court instead of evidence - charge of idle and disorderly person
contrary to section 162(d) of the Penal Code - failure to make a finding on
whether a bus was a "public" place.
Uganda Vs. Eriasa Atuma & another 1971 311

Indictment-whether accused had notice of the offence charged-s.260 of the
C.P.C. (s.56 T.I.D.).
Walusimbi Paulo Vs.Uganda 1971 312

Judgments-requirements of s.134(1) M.C.A.
Kayemba Muhamad Vs. Uganda 1971 230

Loss of case file in appeal proceedings.
Uganda Vs. Zaberi Bakengesa 1971 107

Promotion of reconciliation -not permitted in cases of felony-s.156 Magistrates'
Courts Act, 1970.
Kayira Polotaziyo Vs. Uganda 1971 211

Plea- equivocal plea -robbery contrary to sections 272 and 273(1)(a) of the PC.
Uganda Vs. Jairesi Misango 1971 232

Penal Code s.122 - wrong statement of offence-whether prejudicial to accused.
Page 150
Uganda Vs. Christopher Lugaya. 1971 150
Plea - procedure for recording and acting on.
Uganda Vs. Kaloli Muguluma & 3 others 1971 273

Prima facie case-requirements of.
Opoyo Joseph Vs. Uganda 1971 315

Presence of accused on appeal-power of appellate court to enhance original
sentence-right of accused to be heard.
Uganda Vs. P. Bagumanya. 1971 319

Private prosecution - s.41 Magistrates' Courts Act-correct procedure to be
followed by magistrates' Court letter to accused was summons under s.43 of the
Magistrates Courts Act.
Uganda Vs. Abu Semulya 1971 38

Repeal of Act of Parliament-effect-offence under repealed Act allegedly
committed after repeal effective.
Uganda Vs. Kwirimo Bua & 2 others 1971 229

The Trial on Indictment Decree (No.26 of 1971) - the date of coming into force-
trial conducted without assessors having been sworn - whether trial is a nullity-
s.65 of the Decree manslaughter-defence of provocation -whether it is a
requirement that the wrongful act be done only in the presence of the accused in
order to constitute provocation.
Uganda Vs. Saulo Chamusai 1971 107

Unequivocal plea no unlawful wounding-sentence of imprisonment on offender
aged 17, s.300A CPC (S.190 Magistrates' Courts Act, 1970).
C. Kabenge & 2 others Vs. Uganda 1971 110

Venue-grounds for change of -s.40 Magistrates' Courts Act.
Uganda Vs. Anjeor Obita & 2 others 1971 274

Whether assault is a minor cognate offence to murder.
Uganda Vs. William Wangalya 1971 277

Presumptions-Recent possession-duty of trial court to sufficiently direct itself
on the scope and limitation of the presumption.
Katende Charles Vs. Uganda. 1971 313

Rape c/s 118 of the Penal Code -need for corroboration of complainant's
evidence.
Francisko Mibulo Vs. Uganda 1972 218

Plea of autrefois acquit-discharge for non-appearance of prosecutor-whether
subsequent trial was and conviction on same charge of rape barred-evidence in
rebuttal on appeal.
Page 151
Bampikire Musa Vs. Uganda. 1968 5
Accused charged with receiving or retaining stolen property and convicted of
theft-appropriate charge when prosecution relies on doctrine of recent possession.
Uganda Vs. Lonobiko Okori & 25 others 1968 6

S.215 of the Penal Code - defective Charge-unsatisfactory trial.
Uganda Vs. Maryate Labol 1968 6

Complaint-drawing up charge S.85(3)C.P.C. - S.162 Penal Code-complaint of
civil nature.
Uganda Vs. Mesusera Mukhalwe 1968 41

Application for revision by Chief Magistrate where trial magistrate is of Grade 1-
revision where appeal lies-form of application-(ss.1 and 10 of Magistrates' Courts
Act and ss.340 of the Criminal Procedure Code)-particulars necessary where
offence contrary to s.78(1) of the Penal Code charged - essence of offence of
official corruption-illegal sentence in default of payment of fine-(s.302(d) C.P.C.).
Uganda Vs. Nakafu & Another 1972 53

Order of binding over under s.203(1) of the Magistrates' Court Act-whether period
of 3 months permissible-outline of the facts of the case should be recorded by
trial magistrate.
Rev. J. Maclean Vs. Uganda 1972 276

Exceeding speed limit-citing non-existent paragraph in the section creating
offence-whether charge defective -whether such offence existed by 12/5/72 -
whether Magistrate Grade II had jurisdiction over the Traffic and Road Safety Act-
whether plea of guilty proper.
Uganda Vs. Rozina Achen 1972 113

Charge-accused charged in the same count with assaulting two different person-
whether defect incurable.
Rwabatungi s/o Kangina Vs. Uganda 1972 49

Causing grievous harm c/s.212 of the Penal Code-s.99(3) of the Magistrates'
Courts Act-provocation-whether applicable in cases other than murder.
Uganda Vs. Walusimbi & anor 1972 205

Evidence-prima facie case-requirement for corroboration of unsworn evidence of a
child of tender years-doctrine of recent possession.
Mukwana s/o Wekoye Vs. Uganda 1972 19

Robbery c/ss.272 and 273(1) Penal Code. Discrepancies of evidence of
complainant and other witnesses -corroboration -delay in trial proceedings.
Uganda Vs. Francis Zaverio Mirundi-Delay, in criminal trial-discharge 1972 111

Discharge of the accused under section 119(1) of Magistrates' Courts Act-
failure of prosecution to produce witness after several adjournments-s.125 of the
Magistrates' Courts Act- Article 15(1) of the Constitution -unreasonable delay.
Geoffrey S.W. Okullo Vs. Uganda 1972 199
Page 152
Criminal law and procedure-Trial magistrate first evaluating evidence for the
prosecution, accepting it and then proceeding to review the defence evidence-
procedure irregular and wrong approach to a decision in criminal case.
Uganda Vs. John Kasaija 1972 114

Breach of condition of a licence to be at large-jurisdiction to try offences under
s.50(4) and s.2 of the Prisons act (Cap.313). Release on police bond-failure to
answer it-whether this amounted to disobedience of lawful order - s.30(2) of the
C.P.C. and s.111 of Penal Code.
Bonifansio Othieno Vs. Uganda 1972 56

Bail pending trial on a charge of murder-provisions laid down in s.123 of the
Matiya Sengendo & 12 Others Vs. Uganda. 1972 82

Application for bail pending trial for murder-High Court power to grant bail under
s.74(2)(b) and s.14 of Decree 26 of 1971 - provision for trial within a reasonable
time under Article 10 of the constitution.
Uganda Vs. George Mbine 1972 147

Threatening violence
Threatening violence c/s.76(a) of the Penal Code-Reformatory Schools Act,
Cap.III -section 5-extent of its application-section 190(1) of the Magistrates' Court
act-its interpretation in relation to section 300A(1) of the Criminal Procedure Code
which it replaced in identical terms.
Uganda Vs. Charles Nsereko & Anor 1972 149

Elopment c/s.121A(1) and (3) of the Penal Code. Section 326(3) of the Criminal
Procedure Code-Section 336(1) of the Criminal Procedure Code-extension of time
om which to file an appeal-section 336A(1)(b) and (6) -Functus officio.
Nakawuma Felisita & 2 ors Vs. Uganda- demanding money with meances 1972 47
Demanding money with menaces with intent to steal c/s.279 of the Penal Code-
asault ocasioning bodily harm c/s. 228 of the Penal Code-element of demanding
with menances-what constitued menances-proof of custom-classification of harm
by medical assistant -whether acceptable.
Uganda Vs. John Angura 1968 122

Section 281(1) (a) Penal Code-Housebreaking - joined of theft charge-
duplicity.
Avone Vs. Uganda 1968 134

Charge-Necessity for Magistrates and others to check accuracy.
Sentence-concurrent or consecutive-adequacy.
Uganda Vs. Kyamanyi Mikairi 1968 138

Section 283(1) Penal Code - ENTRY.
Uganda Vs. Natani Kopaa 1968 139
Page 153
Uganda Vs. Florence Nakate 1968 140
Per Curiam (on sentence)
Uganda Vs. Yohana Nsubuga 1968 152

Store breaking with intent to commit a felony c/s 284 of the Penal Code -
defective charge-omission in stating felony intended - facts stated by prosecution
not in accord with police statement.
Uganda Vs. Nasuru Liya 1968 117

Change of Plea-no record accused pleaded to ingredients of offences, or to each
count.
Uganda Vs. John Peter Ekabu 1968 61

Whether plea unequivocal-no complaint by accused.
Tejan Kulsum M. Vs. Uganda. 1968 4

Careless driving -trial court's duty in relation to evidence.
Uganda Vs. Musa Buebesgo 1968 113

PLEA-alternative counts
STOLEN PROPERTY - possession of -Section 299 Penal Code - When Plea
should be taken.
Uganda Vs. Zirarusha s/o Nyaruke and J. Nkurunziza 1968 113

Local Administrations Act, 1967-s.69(3) -Pleas-"without reasonable excuse"
necessary ingredient-whether prosecution must adduce prima facie evidence on
this issue.
Uganda Vs. Selesitino Oluma 1968 7

Imprisonment in default of payment of fine incentive to pay fine.
Moledina Haji Vs. R 1968 13

Criminal Law-Factories Act-Failure to fence machinary securely - whether
machine in motion at time of accident - Effect thereof-Machine undergoing
cleaning at time of accident - Disobedience of injured workman-Effect thereof-
other workers negligent act causing acident - Effect thereof.
Ssentale Y.K Vs. Uganda 1968 26

Alibi raised at first opportunity -not checked by police-misdirection on onus -
identification parade necessary but not proper held.
Wasswa Silivesto Vs. Uganda. 1968 110

Plea - whether unequivocal.
Uganda Vs. Richard Okello & another 1968 28

Law Reform -s.119(1) Evidence act-Wife compellable witness for prosecution
unless marriage monogamous.
Nangoya S. & G. Sera Vs. Uganda 1968 43
Section 344(e) of the Penal Code-averment by accused that he did not know the
currency note was forged-whether such averment constitutes a defence.
Page 154
Zabasajja Demesio Vs. Uganda 1968 44
Remarks on desirability of accused being tried on same facts by a Magistrate's
Court for arson and by the High Court for murder.
Uganda Vs. C. Wakibitamu & 7 Others 1968 45

Section 61 of the Penal Code - whether sufficient prima facie evidence that
breach of peace would be committed - riot and unlawful assembly.
Likina F. & John Sundu Vs. Uganda. 1968 46

Identification of strangers by single witness-need for caution in absence of other
evidence - possibility of honest mistake to be considered.
Uganda Vs. Nekolina Adongo 1968 49

Jurisdiction of Magistrate Grade III attempted suicide.
Mbazira Sitasiyo Vs. Uganda 1968 60

Robbery contrary to ss.272 and 273(1)(a) Penal Code- "public highway"-meaning
s.169 C.P.C - contents of judgment-age of offender to be determined when
subject to corporal punishment - s.301(2)( c) C.P.C.
Uganda Vs. John Peter Ekabu 1968 61

Whether plea unequivocal-no complaint by accused.
MuMukama William Vs. Uganda 1968 61

Lost record-appeal-re-trial
Uganda Vs. Petero Kabanamukya 1968 62

Illegal sentence of corporal punishment -"consurrent" sentences of corporal
punishmnt.
Mbazabugabo andreya & anor Vs. Uganda. 1968 75

Receiving-identification of property stolen-duty or prosecutor to draw attention of
trial magistrate to inconsistent statement of witness.
Kajubi Joseph Vs. Uganda. 1968 76

Receiving -guilty knowledge-misdirection.
Musamula Saidi Vs. Uganda. 1968 77

Sentence-extraneous matters, not proved, taken into account when assessing
sentence.
Sekatawa W. George Vs. Uganda. 1968 78

Articles 98, 19, 24, 29 of 1966 Constitution - Validity of Judicial Officers
(Validation) Act, 1966.
Nsekantyo Misaki Vs. Uganda. 1968 79

Evidence necessary to establish constructive possesson.
Uganda Vs. Bonefansiyo Mukama 1968 79

Conviction of "receiving or retaining" stolen property - whether competent-whether
Page 155
miscarriage of justice occasioned.
Matovu Paulo Vs. Uganda. 1968 80

Evidence necessary to establish that a person has been "found in" a building
under s.285(1)(d) Penal Code.
Uganda Vs. Canafa 1968 81

cope of s.111 of the Penal Code-criminal process inappropriate where person
fails to pay a judgment debt or to attand courtin obedience to notice to show
course.
Gamba Paulo Vs. Uganda 1968 82

Forfeiture of Vehicle under s.7 Coffee (Export Duty) Act-whether accused who
was not the owner of the vehicle can appeal under s.32 of the Magistrates' Courts Act.
Uganda Vs. Tomasi Obicho & Charles Emorut 1968 83
Jurisdiction - Magistrate Grade 11 -grievous harm contrary to s.212 Penal Code.
Katyo Sabani & Alli Babi Vs. Uganda. 1968 84

Sentencing.
Uganda Vs. Asasi Kategere 1968 90

Causing death by rash or neglient act-s.219A Penal Code-inadequate plea.
Isabirye Mohamed and 2 others Vs. Uganda. 1968 90

S.10 Magistrates' Courts act-committal for sentence-reference back to trial court-
whether necessary or proper.
Uganda Vs. Wamana 1968 92

vagrancy Act-whether offence created-whether s.162 of the C.P.C. applicable.
Uganda Vs. C.K. Kabzaire 1968 92

Elopement - s.121A Penal Code-compensation order mandatory-sentence
excessive.
Uganda Vs. Silvesta Ijumba 1968 93

Section 41(2) Traffic Act-proof of "special reasons|"
Otim Patrick Vs. Uganda. 1968 93

Sentencing.
Ausi s/o Okuku, Francisco Wandera & Akisoferi Musumba Vs. Uganda. 1968 100
ALIBI-burden of proof - duty of prosecution to destroy alibi of accused.
EVIDENCE-children of tender years-the effect of section 149(3) of the Criminal
Procedure Act and section 11 of the Oaths Act 1963.
Mutumba Muhamudu & Habibi Gingo Vs. Uganda. 1968 102

Per Curiam. Use of Abbreviations in Record.
Isabirye Mohamed, Adinani Dauda & Sirasi Kiribaki Vs. Uganda. 1968 103
S.10(4) Magistrates' Court (Amendment) act 1966-Power of Chief Magistrate-
Page 156
Record returned to trial Magistrate for clarification of record-whether any such
power- Delay in sentencing.
Uganda Vs. Yowana Musoke and Maria K. Namusisi 1968 104

S.196 Penal Code, whether offence created.
Uganda Vs. Ephraim Kabateraine and another 1968 105

Disobeying lawful orders-whether order disobeyed within contemplation of s.111
Penal Code-irregularity of proceedings.
Uganda Vs. Kolonario Amwata 1968 106

Theft-bona fide claim of right-effect.
Luwala Lugopire Vs. Uganda. 1968 111

Sentence: Sentence greater than maximum prescribed by law-Penal Code,
s.162(3) and s.163.
Uganda Vs. Dison Manyu & anor 1968 114

Prossessing suspected stolen property c/s 299010 of the Penal Code and
s.20(1) of the Criminal Procedure Code-whether evidence sufficient.
Uganda Vs. Namasirika Namonye 1968 115

Sentence on charge of "failing to pay graduated tax" for the years 1966 and 1967-
Excess of jurisdiction.
Uganda Vs. Nasuru Liya 1968 117

Change of Plea-no record accused pleaded to ingredients of offences, or to each
count.
Ndaula Joseph & Eremegio Kawesa Vs. Uganda. 1968 120

Game (Preservation and Control) Act Cap.226 Laws of Uganda Section 14. Plea
of guilty. Ingredients of offence-onus.
Sabani Bbale & Bumali Semaklula Vs. Uganda. 1968 123

Attempted robbery-section 274 Penal Code-proof of intention.
Bukenya Francis Vs. Uganda. 1968 123

Robbery-ingredients of the offence-violance to property-section 272 Penal Code.
Zibikire Semu Vs. Uganda. 1968 124

Section 284 Penal Code-Breaking and entering with intent to commit felony-
necessity to charge and prove "entry".
Uganda Vs. Khama Wanday Isanda. 1968 125

Section 98(2) Traffic Act-failure of Magistrate to disqualify.
Uganda Vs. Stanley Wambazu 1968 125

Local Administrations Act 1967 - no charge sheet-whether proceedings null or void.
Uganda Vs. Dausoni Munyana 1968 127

Indecent assault c/s 122(1) of the Penal Code whether plea proper-whether
Page 157
facts constitute offence.
Uganda Vs. David Oceng 1968 128
Adultery contrary to Section 150A(1) of the Penal Code-compensation mandatory
on first conviction fixed by statute at shs. 600/=.
Uganda Vs. Edward Kamya 1968 128

Demanding money with menaces contrary to Section 279 of the Penal Code-
whether plea unequivocal-whether facts stated support particulars and charge.
Kekinyumu John Helman Serunkuma Vs. Uganda. 1968 149

Wearing Political Organization uniform c/s 12(1) and 22 Emergency Regulations-
carrying offensive weapon c/s 13(1) 22 Emergency Regulations-whether articles
worn constituted uniform-uniform of a particular political organization -necessity
of proof - knife offensive weapon-whether verandah a "public place".
Musoke Ezera & Muwanga George Vs. Uganda.B5094 1968 151

Demanding money with menaces with intent to steal c/s 279 of the Penal Code-
whether plea unequivocal - whether facts support charge.
Uganda Vs. Yohana Nsubuga 1968 152

Store breaking with intent to commit a felony c/s 284 of the Penal Code -
defective chrge-omission in stating felony intended - facts stated by prosecution
not in accord with police statement.
Uganda Vs. Akiseferi Martin Wetaka. 1968 154

Compensation-s.174(1) Criminal Procedure Code-Order in excess of Jurisdiction.
Uganda Vs. Azakia Nambale and Kale s/o Yona Funa 1968 154
Defilement c/s 123(1) of the Penal Code - conviction warranted only if girl under
14 years.

PROOF - CRIMINAL CASE-whether Appellate Court concerned with "weight of

evidence" or "burden of proof/reasonable doubt"-Formula for ground of appeal
seeking to attack the facts accepted and acted upon by Trial Court-whether
necessary to specify perticular items or exact amounts in respect of each
particularoffence alleged to have been committed - whether necessary for
specific finding tha case proved "beyond reasonable doubt".
Muhamed Sheik s/o Mwandin Vs. Uganda -Demanding with menaces 1972 76
Personating a person employed in the Public services c/s 87(b) of the Penal
Code-obtaining money by false pretences c/s 289 of the Penal Code-powers of
appellate court- s.331(2) (b) of the C.P.C.-substituted conviction-demanding
money with menances with intent to steal c/s 279 of the Penal Code.
Uganda Vs. Arafairi Karegyeya - Diminished responsibility 1972 15

Murder c/s. 183 of the Penal Code-Proving insanity on a balance of probabilities-
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diminished respondibility s.188A of the Penal Code.
Uganda Vs. Sebbi Biraali-Disobedience of law full order 1972 21

Disobedience of lawful orders c/s.111 of the Penal Code. Summary comittal
c/s. 193(2) (d) of the Magistrates' Courts Act.
Uganda Vs. Kesi Kabyanga 1972 173

Selling goods at more than the maximum price c/ss.6 and 7 of the Distribution
and price of Goods Act as provided by S.I. No.21/71-price control order 1972-
enhancing sentences-whether Decree would be construed retrospectively.
Uganda Vs. Lawrence Kajubi 1972 251

Failing to stop when signalled by a police officer c/s 166(a) of the Traffic and
Road Safety Act 1970-driving at a speed dangerous to the public c/s.118(b)(b)
and 138(1)(b) of the Traffic and Road Safety Act 1970-nature of offence c/s.166(a)
S.I.No.90 of 1971-conviction for non existent offence c/s138(1)(b)-whether order
for retrial.

offence-whether charge defective-whether such offence existed by 12/5/72-whether
Magistrate Grade II had jurisdiction over the Traffic and Road Safety Act-whether
plea of guilty proper.
Uganda Vs. Benedicto Kaija 1972 172

Causing death by careless driving c/ss.116(1) and 138(2) (a) driving a motor
vehicle while under the influence of drink c/ss.119 and 138(2)(b) of the Traffic and
Road Safety Act, 1970-cancellation of driving permit.
Uganda Vs. Eriyabu Turumanya 1972 22

Driving without a permit c/s.128(a) of the Traffic and Road Safety Act, 1970-using
a vehicle on a road in dangerous mechanical condition c/s. 115(5) of the Act.
Uganda Vs. Benedicto Kibwami Alisa Ben 1972 247

Murder c/s.183 of Penal Code - dying declaration -nature of corroboration required-
Uganda Vs. Lugwire s/o Mubimuzata 1972 150

Being in possession of Enguli and consuming enguli c/s.1(1) (b) and 1(2) of the
Enguli (Manufacture and Licensing) Act cap.96; Being in possession of suspected
stolen property c/s.299 of the Penal Code.
Lule Nakamusana Vs. Uganda 1972 43

Robbery c/ss.272 and 273(1) (a) of the Penal Code-attempted robbery c/s.174(1)
(a) of the Penal Code -admissibility of confession-proof of police statement.
Uganda Vs. A.K. Lukusa 1972 55

Illegal possession of Enguli c/s.1(1)(b) and 15(1) of the Enguli (Manufacture and
Licencing ) Act - proof that liquid was Enguli-expert evidence - magistrate setting
himself up as expert.
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Bukondo Erimia Vs. Uganda 1972 245
Threatening violence c/s.76(a) of the Penal Code-alibi raised - contents of
judgment under s.134 of the M.C.A,
Sakara Daudi Vs. Uganda 1972 145
Stentence- consecutive
Driving without a valid driving permit c/s.128(a) and 138(2) (e) of the Traffic and
Road Safety Act, 1970 - sentences running consecutively.
Uganda Vs. C. Clary 1972 55

Sentence -in default of payment of time
Assault causing actual bodily harm c/s.228 of the Penal Code-whether unequivocal
plea of guilty -harm under s.4 of the Penal Code-excessive default sentence,
s.192(d) of the Magistrate's Courts Act.
Uganda Vs. Mukirane & 2 others 1972 254

Sentence - dispartity in case of co-accused
Assault occasioning actual bodily harm c/s.228 of the Penal Code Disparity
between sentences of co-defendants whether sentences should favourably
compare with one another.
Uganda Vs. Yowasi Birungi 1973 7

Immature age - Section 14(2) of the Penal Code-Plea of guilty - necessity to
adduce evidence as to capacity to know right and wrong - retrial.
Uganda Vs. Evigilio Elyanu 1973 105

Sentence-manslaughter c/s.182 of the Penal Code-binding over of accused for
three years-whether sentence adequate-whether accused could be bound over
for 3 years-M.C.A., s.203(1)(a).
Uganda Vs. Natenio Longoli s/o Moya 1973 105

Boy aged 9 - conviction for theft -presumption of innocence under s.14(2) of the
Penal Code - need for evidence to rebut presumption.
Uganda Vs. Libirato Okello 1973 101

Disobeying lawful orders - particulars of offence inadequate-conviction on plea of
guilty - whether conviction right.
Uganda Vs. Likonda Petero 1973 138

Throwing an object at a motor vehicle c/ss.136 of the Traffic and Road Safety Act,
1970-accused aged 10 years convicted and sentenced to 4 strokes corporal
punishment -ss.158 and 191(3) of the Magistrates' Courts Act, 1970-whether
sentence legal.
Nazani Abdu & Anor Vs. Uganda 1973 24

Criminal law-murder c/s183 of the Penal Code -whether malice aforethought could
be inferred from the Commission of a felony.
Kyobe Muhamed Vs. Uganda 1973 77

Careless driving c/ss.126 & 138(2) (d) of the Traffic & Road Safety Act, 1970-
construction -whether "uses" included "drives" in the section.
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Uganda Vs. Bonefasi Muvaga 1973 96
Murder c/s.183 of the Penal Code-whether honest belief in super-natural power of
witchcraft - ground for defence of provocation.
Uganda Vs. Polinari Kimunyu & anor 1973 97

Criminal law-murder-self defence-defences of insanity, insanity, intoxication and
provocation.
Uganda Vs. Ramniklal Mistry 1973 81

Learner Driver driving unaccompaned by a licensed instructor c/s.128(a) and 138(2)
of the Traffic & Road Safety Act, 1970 - s.128(2) of the Act not operative because
ss.56-60 of the same Act not operative.
Uganda Vs. Fernandes Panyako 1973 155

Criminal law-possession of forged currency not c/s 336 of the Penal Code-burden
of proof-standard of proof imposed on accused to prove lawful authority or excuse-
Admission of Bank of Uganda Report - Admission of Police Form 17A-Chain of
evidence.
Sengendo Matiya & 12 Others Vs. Uganda. 1973 82

Application for bail pending trial for murder-High Court power to grant bail under
s.74(2)(b) & s.14 of Decree 26 of 1971-provision for trial within a reasonable time
under Article 10 of the constitution.
Uganda Vs. Ahamada Mbazira & anor 1973 134

Criminal law-uttering a false document c/s 330 of the Penal Code Act-whether
bank note of shs.100 is a document.
Uganda Vs. Abdulla Matovu 1973 157

Criminal law-acquittal of accused by trial magistrate-appeal by D.P.P. against
acquittal - whether acquittal errononeous.
Uganda Vs. Peter Teruti 1973 179

Distribution and price of Goods Act-sale of hoe at more than maximum price than
maximum price c/s 6 of the Act and ss..7(1) and 19 of Decree No.1 of 1972-
whether offence disclosed -whether phrase "shall be liable to" was a mandatory
provision.
Uganda Vs. Daudi Mibulano & anor 1973 132

Criminal law-elopement -citation of non-existing section-whether error resulted in
bad trial-improper receording of pleas-sentence of a fine of shs.200 - or 3 months'
imprisonment in default-whether default sentence legal -s.192(d) of the
Magistrates' Courts Act.
Uganda Vs. John Oyat & 2 others 1973 176

Criminal law -conviction for robbery c/s 273(1)(3)of the Penal Code by Grade II
Magistrate-s.157 of the Magistrates' Courts Act 1970-nullity of trial and charge
under wrong section-whether retrial should be ordered.
Page 161
Kyagonga Alamanzani Vs. Uganda 1973 137
Private prosection -M.C.A. s.41(3) - whether leave of court had to be obtained -
charge frivolous and vedatious - compensation award under M.C.A. s.208-award
without calling on prosecution to show why such order should not be made-C.P.C.
s.176.
Uganda Vs. Kezironi Bushaija 1973 41

Order for costs and compensation to accused-letter to magistrate complaining
about accused's conduct -whether letter constituted a complaint under s.41(3) of
the Magistrates' Courts Act, 1970 and for the purposes of s.207(1)(b) and s.208 of
the same Act.
Uganda Vs. Wilson Peter Ojok & Anor 1973 135

Criminal law-elopement - woman divorced and living with her parents -whether
offence committed - criminal procedure - charge sheet-no statement in particulars
of the count against A2 that she eloped with "a married man" - whether conviction
right-father of A2 as complainant-whether father an aggrieved party-s.121A of the
Penal Code Act.
Uganda Vs. John Okello & anor 1973 162

Criminal law-elopement c/s.121A of Penal Code-whether compensation to
aggrieved party is automatic-need to ascertain aggrieved party.
Uganda Vs. Paulo Kiwanuka Nsubuga 1973 40

Unlawful possession of trade weighing equipment not passed by an inspector as
fit for trade and not bearing a valid stamp c/s 15(1) and s.41(1) of the weights and
Measures Act, 1969 - application by prosecutor to withdraw case against accused
after two adjournments at the instance of the prosecution-order for costs and
compensation.
Uganda Vs. Charles Ronold Okot 1973 127

Appeal by D.P.P. against acquittal -prosecutor's application for adjournment
refused - prosecutor's statement that he "was not offering any evidence" as his
witnesses were not present-acquittal by trial magistrate c/s.125 of the Magistrates'
Courts Act-whether acquittal erroneous in law.
Lubobi Manuel Vs. Uganda 1973 173

Criminal law-Robbery c/s.272 and 273(1) (a) of the Penal Code-evidence-failure of
prosecution to call an important witness-alibi-comment by magistrate on accused's
failure to prove it -whether misdirection -duty to consider evidence as a whole-
need for testing witness demenour against whole evidence.
Usin Stephen & anor Vs. Uganda 1973 152

Criminal law-attempted murder-conviction and sentence to 10 years' imprisonment
and 24 strokes corporal punishment -whether sentence of corporal punishment
legal. Evidence-accused's exculpatory statement considered in convicting co-
accused and accused's plea taken into account in judgment -whether convictions
right.
Uganda Vs. James Kamiru 1973 103

Magistrates' Courts Act s.192(d) providing for sentence of imprisonment in dafault
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or payment of fine-Traffic and Road Act, s.116(1) and 138(2) where minimum
sentences of fine or imprisonment were set out -whether default sentences set out
in s.192(d) M.C.A. applied or minimum imprisonment sentence in 138(d) M.C.A
applied or minimum imprisonment sentence in 138(2) T & R, S Act, -causing death
through dangerous driving.
Uganda Vs. Byansi Gavamukulya 1973 51

Sentence - sentence on a young offender under the apperent age of eighteen-
section 190(1) of the Magistrates' Courts Act.
Nzamuita Petero Vs. Uganda 1973 130

Criminal law-conviction by Magistrate Grade II - application by D.P.P. for sentence
of preventive detention-committal for sentence to Chief Magistrate-age of accused
not established-propriety of sentence of preventive detention - appeal against
conviction and sentence to the High Court-whether appeal competent.
Uganda Vs. Augustine Yohana 1973 104

Being a vagrant c/s 3 of the vagrancy Act-person losing his way - whether vagrant
procedure to be adopted at hearing.
Kabanda Israiri Vs. Uganda 1973 131

Criminal law-defilement of a girl under 14 years -complaint 6 years old allowed to
give evidence on oath after a vior dire-complainant's evidence and medical evidence
unsatisfactory-whether conviction right.
Waswa Yozefu & Another Vs. Uganda 1973 75

Robbery c/ss. 272 and 273(1) (a) of Penal Code - use of deadly weapon-
jurisdiction - Discretion of D.P.P. to choice of venue.
Uganda Vs. Lenard Kaya Okumu 1973 37

Appeal - No notice of appeal filed-whether memorandum of appeal sufficient-section
326 of the C.P.C.
Uganda Vs. Singabele Oyulu 1973 80

Causing a disturbance in the course of a judicial proceeding c/s. 101(1)( c) of the
Penal Code-plea of guilty - whether offence comitted.
Uganda Vs. Samuel Nseera 1973 80

Neglecting to provide for child c/s. 153 of the Penal Code - power of magistrate to
make order for payment for maintainance.
Uganda Vs. Juliano Athocon 1973 79

Failure to pay Graduated Tax c/s 69(3) of the Local Administrations Act, 1967-
plea of guilty-lack of complaint under s.41(2) of the Magistrates' Courts Act, 1970-
poverty as a lawful excuse for not paying Graduated Tax.
Kabura s/o Bisimana Vs. Uganda 1973 172

Criminal law-conviction for defilement of girl under 14 years old c/s 123(1) of the
Penal Code-Criminal procedure-evidence of girl aged 14 years received after
defective voire dire-non direction by magistrates on dangers of convicting on
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uncorroborated evidence of girl of tender years-evidence-accsed's unsworn state-
ment amounting to an admission of guilt relied on to convict-whether conviction
right.
Waibi Sulumani & 2 Ors Vs. Uganda 1973 153

Criminal law-murder and robbery-Evidence -confession of one accused relied on to
convict other accused without independent evidence-whether convictions right.
Uganda Vs. Fenekasi Oyuko 1973 9

Being in possession of articles used in witchraft c/s.5(1) of the witchcraft Act-
defective charge-failure to list articles of withchcraft-evidence of reputation of
witchcraft-whether evidence of bad character admissible -whether previous
convictions admissible.
Uganda Vs. Ahamada Mbazira & Anor 1973 134

Criminal law-uttering a false document c/s 330 of the Penal Code Act-whether
bank note of shs.100/= is a document.
Uganda Vs. James Rukwandura & anor 1973 164

Criminal law -elopement c/s.121A of Penal Code - whether mens rea is an
ingredient of the offence of elopement-nature of means rea required-knowledge of
marriage essential whether wilful blindness suffices.
Tukahirwa Francis Vs. Uganda 1973 1
Uganda Vs. Jane Nabudwa 1973 126

Criminal law-attempted murder c/s.197(a) of the Penal Code Act-child
thrown into latrine pit-circumstantial evidence and degre of proof.
Uganda Vs. Sempa Sajabi 1973 102

Offender aged 17 years-conviction for burglary and theft - accused sent to
Reformatory School when no sentence of imprisonment imposed - Reformatory
Schools Act, s.5(1)-whether imprisonment could be imposed on person under 18-
Magistrates' Courts Act, s.190(1).
Uganda Vs. Libirato Okello 1973 101

Disobeying lawful orders-particulars of offence inadequate - conviction on plea of
guilty - whether conviction right.
Uganda Vs. Budarazake Matovu 1973 178

Criminal law-theft c/s 252 of the Penal Code-conversion by Mutongole Chief of
money collected as graduated tax-whether theft by servant-failure to issue receipt-
section 71(1) of the Local Administrations Act-whether such payment discharges
tax payers' liability to pay the tax - order for compensation under s.209 of the
Magistrates' Courts Act-whether section applies to cases where civil suit filed
would be to recover a debt as opposed to damages-right of accused to be heard
before order is made.
Uganda Vs. Zubairi Sentongo & anor 1973 149

Criminal law-murder-application for bail u/s 74A of the Magistrates' Courts Act-
dismissal to application by Grade 1 Magistrate - application/appeal to the High
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Court -bail granted by the High Court -whether the State had "right of appeal from
the order of the High Court granting bail".
Uganda Vs. James Kamiru 1973 103

Magistrates' Courts Act s.192(d) Providing for sentences of imprisonment in
default of payment of fine-Traffic and Road Safety Act, s.116(1) and 138(2) where
minimum sentences of fine or imprisonment were set out -whether default sentence
set out in s.192(d) M.C.A. applied or minimum imprisonment sentence in 138(2)
T. & R S. Act - causing death through dangerous driving.
Uganda Vs. Petero Mugundu 1973 8

Stealing cattle -Proceeds of Sale of stolen cattle found in possession of accused-
order of forfeiture of the money-payment to person entitled to the money-section
212(a) of the Magistrates' Courts Act.
Uganda Vs. Quintino Odong & Anor 1973 161

Criminal law-elopement c/s 121A(3) P.C-whether offence under sub-section(3)
applied to class of persons in sub-sections (1) and (2) of s.121A PC.
Mwanja Sabani Vs. Uganda 1974 84

Sentence-compensation-Robbery c/ss 272 and 273(1) (a) of Penal Code Act-
Section 209(1) of the Magistrates' Courts Act - whether compensation awarded
under section 273(3) of the Penal Code was limited by section 209(1) of the
Magistrates' Court Act.
Uganda Vs. Gezaro Kana & Anor 1974 194

Criminal Law-Adultery c/ss 150A (1) and (2) of the Penal Code -defective charge
sheet-ss.86(d) and 41(4) of M.C.A., 1970-plea of guilty -whether plea equivocal.
Uganda Vs. Ali Katumba 1974 117

Criminal Law -assault c/s 230(b) of Penal Code-accused convicted and sentenced
to 1 months imprisonment - accused first offender-whether sentence harsh and
excessive for first offender-whether accused should have been given an option to
pay fine-discretion of the court u/s 192 (b) of the Magistrates' Courts Act, 1970.
Judicial Practice- treatment of first offender-s.299(a) of the Civil Procedure Code
as repealed by Criminal Procedure (Amendment) No.2 Act, 1969.
Uganda Vs. Abudu E. Rwamenge 1974 89

Criminal Law - carrying on business without a licence-Local Administrations Act,
s.46(e) -whether that section created an offence.
Uganda Vs. G.W. Opondo 1974 89

Criminal Law - attempting to obtain money with menace with intent to steal c/ss
279 and 370 of the Penal Code - whether such offence existed under the Penal
Code -demanding property with menace c/s.279 of the Penal Code Act.
Uganda Vs. Wilson Mafabi 1974 222

Criminal Law-burglary and theft c/ss.281(2) & 252 of the Penal Code - whether
evidence of breaking and entering existed-meaning of breaking -s.280(1) of the
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Penal Code-doctrine of recent possession-whether explanation offered by accused
must be considered -sentencing-whether sentence of imprisonment could be
passed on person under apparent age of 18 years - s.190 M.C.A.-need to
ascertain age of accused before sentencing.
Yigga George Vs. Uganda 1974 162

Buying coffee without licence c/s 26(7) (8) and (9) of the Coffee Marketing Act
1969-plea of guilty -whether qualification of plea for leneincy makes plea equivocal-
change of plea of guilty -whether court can permit accused to change plea after
conviction but before sentence-whether court functus officio - meaning of
"conviction" - Magistrates' Courts Act, 1970, ss.122(2) and 131(1).

Appeals - appeal from an interlocutory ruling of the Chief Magistrate made before
Uganda Vs. Stephen Kafero 1974 116

Criminal Law -cheating c/s.291 of Penal Code -ingredients of the offence-whether
overcharging amounted to cheating-essential element in overcharging.
Uganda Vs. Laulensio Ndyanabo 1974 168

Cheating - charge must disclose fraudulent trick or device employed by accused -
s.291 of the Penal Code -vicarious criminal liability -principle does not apply unless
particular law says so-whether father (accused) liable for offence committed by son.
Uganda Vs. Christopher Enani 1974 175

Criminal law-cheating contrary to s.292 of the Penal Code-accused pleaded guilty-
fined shs.420/- or three months' imprisonment in default. Wrongly charge-wrongly
convicted-revisional order made.
Uganda Vs. Lovisa Namugalo 1974 170

Consuming intoxicating liquor outside permitted hours contrary to s.16 (1) of the
Liquor Act (Cap.95)-the Enguli (Manufacture and Licensing Act (Cap.96) -
Definition of "Liquor" and "Native Liquor" under s.2 of the Liquor Act (Cap.95).
Uganda Vs. Edward Obbo 1974 92

Criminal Law-contempt of court c/s 101(1) (a) of the Penal Code-plea of guilty
before same magistrate-whether procedure proper-alteration of court record after
passing sentence-whether proper-functus officio.
Ali Kiggundu Vs. Uganda 1974 193

Sentence-corruption u/ss 1(b) and 5(1) of the Prevention of Corruption Act 1970-
appellant charged with corruption and sentenced to 5 years imprisonment-
appellant had a previous conviction of corruption-whether sentence was excessive.
P.Wanyama Vs. Uganda 1974 224

Criminal Law -Corruption c/ss.1 (a) & 5(1) of the Prevention of Corruption Act,
1970-corrupt motive and accused's state of mind essential ingredients of offence-
whether motive of complainant also essential-whether complainant was an
accomplice -ss.11 & 20 of the Prevention of Corruption Act, 1970 s.131 Evidence
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Act- meaning of public body-s.29 of the Prevention of Corruption Act-use Police
trap-whether proper-evidence-complainant's evidence full of contradictions,
discrepancies and inconsistencies-whether court could always believe part of
witness's evidence and reject the other - failure to consider alibi-charge sheet-
Police charge sheet different from D.P.P's -effect thereof -s.25 Prevention of
Corruption Act, 1970 -forfeiture of money to state-s.214(1)Magistrates' Courts Act.
Bagamuhunda Constant Vs. Uganda 1974 279

Criminal Law-Defilement c/s 123 (1) of Penal Code - no proof of peneration -whether
offence proved-attempted defilement c/s 123(2) of Penal Code-sentence of 10 years
upon young and first offender-whether excessive.
Uganda Vs. Alipakusadi Waluwayo & anor 1974 166

Criminal Law-elopement c/s 121A(1) and (2) of the Penal Code-particulars of
charge, plea of guilty-equivocal, s.192(d) M.C.A., 1970-period of imprisonment in
default of fine.
Uganda Vs. Kezekiya Katigo & Anor 1974 246

Criminal Law-Elopement c/ss 121A(1) & 121A(2) of the Penal Code-whether there
could be conviction where woman not cohabiting with husband at material time-
whether court had discretion to grant compensation to aggrieved party.
Uganda Vs. Yowana Kabunduguru 1974 198
Traffic-exceeding the prescribed speed limit c/s 127(1) and 138(2) of the Traffic &
Road Safety Act, 1970-plea of guilty-equivocal -sentence-illegal - "special reasons"-
considerations to be taken into account.
Uganda Vs. Yakobo Omong 1974 90

Criminal Law-failing to prevent a fire lawfully lit from damaging another's property -
Penal Code s.311(c ). Fire blown by wind to house of complaint-whether the
accused had committed the offence. Criminal Procedure -judicial ethics-accused
in employment of convicting magistrate-whether should have tried the case.
Uganda Vs. Alberto Wodo 1974 197

Criminal Law-failure to pay Graduated Tax c/s 69(3) of the Local Administrations
Act, 1967-framing of charges-duplicity-tax due-s.69(7) of the Act-plea of guilty -
equivocal -effect of lawful excuse.
Uganda Vs. Sospateri Sonko & 6 others 1974 115

Criminal Law-failure to uproot or destroy cotton plants c/ss 13 and 14 of the Cotton
Act and S.I. Nos. 24 and 26 of 1973-whether offence committed on the last day for
completion of up-rooting or destruction -Criminal Procedure-misjoinder of parties-
accused jointly charged in offence involving individual liability.
Firimoni Emorut Vs. Uganda 1974 230

Criminal Law-Theft-stealing by person in the Public Service c/ss 252 and 257 of the
Penal Code-whether false accounts imply commission of theft-forgery c/ss 322 and
326 of the Penal Code-meaning of forgery-meaning of false document u/s 324(b) of
the Penal Code -uttering a false document c/s 330 of the Penal Code.
Uganda Vs. Solomon Odaba & Anor 1974 229

Sentence-accused convicted on 3 counts and sentenced to be bound over-whether
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sentence proper-s.203 M.C.A., Criminal Procedure-plea-procedure where more
than one accused was involved in the case.
Uganda Vs. Desiderio Bwire 1974 248

Criminal Law - theft by servant c/ss 252 & 258 of the Penal Code -forgery c/s 326-
uttering false document c/s 330 and obtaining money by false pretence c/s 289
of the Penal Code-circumstantial Evidence-basis for conviction -whether theft
could be inferred from forgery and uttering.
State for KCC Vs. Sirasi Kawoya & Others 1974 165
Criminal Law-Article 123(1) of the Constitution-prosecution-title the Criminal
Proceedings-S.74 Local Administrations Act, 1967-two distinct offences-
particulars-defective-duplicity.
Uganda Vs. Dominiki Mukiibi 1974 165

Criminal law - selling goat meat beyond the minimum fixed price c/s 6 of
Distribution and Price of Goods Act & Statutory Instrument No.21/72 and Decree
No.1/72, scope of Distribution and Price of Goods Act-S.I. No.21/72. Trading
without licence c/s 7 and 27 (1) of Trade Licensing Act, 1969-butchers -whether
regulated by Trade Licensing Act, 1967 or Public Health Act.
Uganda Vs. Jereme Kasigwa & Another 1974 195

Criminal Law -Hoarding c/ss 1 and 2 (c ) of the Prevention of Hoarding Decree
1974-Trading Licences-whether suspension of licence valid on first conviction-s.1
and 2 of the Decree.
Lukwago Eridadi Vs. Uganda 1974 192

Sentence-appellant charged with making a document without authority c/s 344(a)
of the Penal Code-sentence of 2 years' imprisonment imposed-whether a fine
would have been appropriate.
Wakomba H. George Vs. Uganda 1974 110

Making false claim by official c/s 82 of the Penal Code-obtaining -money by false
pretence c/s 289 of the Penal Code-duty of prosecution to prove mens rea -whether
evidence supported conviction for above offences-circumstantial evidence.
Uganda Vs. Albino Ajok 1974 176

Criminal law -murder c/s 183 of Penal Code-Evidence-circumstantial evidence-need
for inculpatory facts to be incompatible with the innocence of the accused.
Uganda Vs. Frederick Ssembatya & another 1974 278

Evidence -circumstantial evidence -inculpatory facts must be incompatible with
innocence of accused- extra judicial statement by accused-when it could be
taken into consideration against co-accused -contradiction in evidence - indictment
on charge of murder c/s 183 of the Penal Code.
Uganda Vs. John O. Okong 1974 249

Criminal Law -murder c/s 183 of the Penal Code - defence of insanity -burden of
proof -evidence -identification by a single witness - need for caution before acting
on it - Alibi-burden of proof.
Page 168
State Vs. Anderea Mulera 1974 251
Criminal Law - murder c/s 183 of the Penal Code-intention to kill - whether existed-
self - defence - intoxication - whether available-s.13(2) (b) of the Penal Code.
Oligo Charles Vs. Uganda 1974 137

Murder c/s 103 of the Penal Code-malice aforethought-whether intention to cause
grievous bodily harm amounted to malice aforethought.
Uganda Vs. Michael Naika 1974 145

Criminal Law -murder c/s 183 of the Penal Code-defences to murder-whether there
was malice aforethought-thief beating -whether the existence of such custom
could be a defence to murder.
Karaagwa Petero Vs. Uganda 1974 217

Criminal Law-murder-malice aforethought-inference from use of deadly weapon
following threats to those present-evidence -charge and caution statement of
accused admitted at preliminary hearing -whether statement amounted to
confession-whether inadmissible evidence could be agreed upon at preliminary
hearing -report of Government Chemist not produced-whether adverse inference
could be drawn against the prosecution.
Uganda Vs. C. Kinobe alias Kirize 1974 2

Criminal law-murder-defences of mistake of fact and accident.
Mabonga John Vs. Republic 1974 80

Murder-provocation -whether quarrels over cattle could constitute provocation -
duty of trial judge to consider all defences available from the evidence adduced.
Uganda Vs. Yowana Kalungi 1974 144

Murder c/s 183 of the Penal Code -self defence-circumstantial evidence.
Uganda Vs. Charles Oligo 1974 54

Criminal Law-murder c/s 183 of the Penal Code-self defence s.17 of the Penal
Code-scope of -burden of proof-the onus is on the prosecution to negative self-
defence-provocation ss.188 and 187 of Penal Code - not raised by the defence-
raised by court -burden of proof-onus on the prosecution to negative -motive for
killing need not be established.
Uganda Vs. Kezekiya Katigo & anor 1974 245

Criminal law -elopement c/ss 121A(1) & 121A(2) of the Penal Code-whether
there could be conviction where woman not cohabiting with husband at material
time-whether court had discretion to grant compensation to aggrieved party.
Uganda Vs. Matiya Mugumba 1974 196

Criminal Law-possession of articles used in practicing witchcraft c/s 5(1) of the
Witchcraft Act -alleged articles of witchcraft-failure to give description of lily -failure
to show that it was used in witchcraft -s.5(2) of the Act-plea of guilty -equivocal.
Nyansio Lule Vs. Uganda 1974 138

Criminal law-possession of forged Uganda Currency Note without law-ful authority
or excuse c/s 336 of the Penal Code-ingredients of the offence-evidence-burden
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of proof-when burden of proof shifted to accused-admissibility of certificate under
s.18 of the Bank of Uganda Act.
Kasenene Yozefu Vs. Uganda 1974 161

Criminal Law-taking and driving away a motor vehicle without the owner's consent
c/s 137 of the Traffic & Road Safety Act 1970-reckless driving c/ss.118(1)(a) and
138(1) (a) and 138(2) (b) of the Traffic & Road Safety Act 1970-driving permit
cancelled for 3 years under s.65(1) (a) of the Act, with the same period of
disqualification from obtaining a new permit within the same 3 years.
Sabani Mwanja Vs. Uganda 1974 57

Robbery-payment of compensation -whether amount payable is limited-Penal Code
s.273 and Magistrates' Court Act, 1970 s.209(1).
Uganda Vs. Ali Matovu 1974 113

Selling goods beyond the maximum price contrary to s.6 of the Distribution and
Prices of Goods Act, 1964-charge sheet defective -omission of penalty section in
charge sheet-s.7 of the Distribution and Price of Goods Act (Amendment) Decree,
1972-forfeiture of scales, weighing stones and money-meaning of forfeiture of "the
goods in respect of which the offence of which accused convicted-committed"-
forfeiture of buyer's money where buyer not convicted - s.7(2) of the Distribution
and Price of Goods Act (Amendment) Decree 1972.
Uganda Vs. Alafairi Kagezi 1974 114

Selling beyond the maximum price c/ss 6 and 7 of the Distribution and Price of
Goods Act as amended by Decree No.1/1972 - Cancellation of licence under
s.19 of Decree No.1/1972-s.212(a) of the Magistrates' Courts Act.
Lwanga Frank Vs. Uganda 1974 243

Evidence-circumstantial evidence-theft by servant c/ss 252 and 258 of the Penal
Code-appellant given cash and cheque in course of his employment - money put
in desk drawer which was locked-key put in another drawer-appellant's office
shared by another -appellant left the money in the drawer - office mate also left
behind- following day most of the money found missing-no evidence of lock having
been broken-appellant convicted of theft of the money sentenced to imprisonment
for two years on each count.
Uganda Vs. Debo Alioni 1974 88

Criminal Law -stealing by servant-Penal Code ss.252 and 258-defence of the
claim of right-ingredients to such defence.
Kyewamala John Vs. Uganda 1974 58

Theft-stealing by public servant contrary to sections 257 and 252 of Penal Code-
legal tender-whether there can be theft of bank notes that have ceased to be legal
tender-meaning of money-ownership of bank notes-whether the notes belong to the
Government or Bank of Uganda - the Bank of Uganda Act, 1966 sections 14 and
16(3).
Uganda Vs. Kevina Nanono 1974 171

Threatening another with death by means of witchcraft contrary to s.3(1) of the
witchcraft Act -being in possession of Articles used in witchcraft contrary to s.5
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of the Witchcraft Act-sentence of life imprisonment under s.189(1) and s.160 of
the Magistrates' Courts Act, 1970.
Mugyenyi James Vs. Uganda 1974 83

Threatening violence c/s 76(a) of the Penal Code -meaning of "threatens" -mere
abuse.
Uganda Vs. Oduru 1974 174

Criminal law-threatening violence c/s 76(a) of the Penal Code-whether the offence
misdemeanor or felony-whether accused and complainant could reconcile under
section 156 of Magistrates' Court Act-procedure when reconciliation promoted.
State per Kampala City Council Vs. Sirasi Kawooya & Others 1974 165
proceedings-s.74 Local Administration Act, 1967-two distinct offences-particulars-
defective-duplicity.

Criminal law-selling goat meat beyond the minimum fixed price c/s 6 of distribution
and Price of Goods Act & Statutory Instrument No.21/72 and Decree No.1/72,
Scope of Distribution and Price of Goods Act-S.I. No.21/72. Trading without
licence c/s7 and 27(1) of Trade Licensing Act, 1969-butchers -whether regulated
by Trade licensing Act, 1967 or Public Health Act.
Emorut Firimoni Vs. Uganda 1974 230

Criminal law-theft-stealing by person in the Public Service c/ss 252 and 257 of the
Penal Code-whether false accounts imply commission of theft-Forgery c/ss 322 and
326 of the Penal Code -meaning of forgery-meaning of false document u/s 324(b)
of the Penal Code -uttering a false document c/s 330 of the Penal Code.

Criminal law-theft by servant c/ss 252 and 258 of the Penal Code -forgery c/ss 326
uttering false document c/s 330 and obtaining money by false pretence c/s 289 of
the Penal Code-circumstantial Evidence-basis for conviction-whether theft could be
inferred from forgery and uttering.
Uganda Vs. Abias Otim 1975 5

Sentence-Robbery c/ss. 272 & 273(1) of the Penal Code -order of compensation
for a fixed sum-whether a large sum could be paid to complainant as
compensation -restoration of property to complaint-whether order for compensation
or restoration could be executed where accused expressed to appeal.
Uganda Vs. Emorut Idi 1975 6

Criminal law-Traffic and Road Safety Act, 1970-accused knocked a packed car very
very slightly and nobody injured-whether that constituted "a special reason"
according to s.65 of the Act.
Uganda Vs. David Bamutirize 1975 9

Criminal Law -murder-malice aforethought-whether proved-intoxication -whether
existed-provocation ss.187 & 188 of the Penal Code-whether existed-self-defence-
whether there was need for defence if no attack made-evidence-exhibits-whether a
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panga which had no blood on it could be tendered as exhibit -blood group to
accused and deceased same-whether relevant.
Uganda Vs. Sagala 1975 7

Criminal Law - unlawful possession of a firearm without a firearm certificate c/s 2 (2) (a)
and (b) of Firearm Act - un law possession of ammunitions without a firearm certificate
contrary to the Act - sentences could be imposed in offences arising out of the same
transaction - Magistrates' Courts Act, s.169(1).
Uganda Vs. Lumu Lutyang 1975 33

Murder c/s 183 of the Penal Code Act-no case to answer circumstantial evidence
whether a statement made in a language not understood by accused was confession.

Criminal Law-being idle and disorderly c/s. 162(1) of the Penal Code-wearing mini
dress-sentence-sentence of imprisonment imposed on person under apparent age
of 18 years-whether proper-s.190 of the Magistrates' Courts Act, 1970-trival offence
whether it was proper to caution accused -procedure-dress not checked and
measured in court-whether proper -charge preferred under wrong section.
Uganda Vs. Proscovia Nanyanzi 1975 28

Criminal law-being idle and disorderly c.162(1) of the Penal Code -wearing mini-
dress-minimum age for commission of offence-accused being 'approximately'
14 years of age-meaning of 'approximately - evidence and procedure-medical
report -improper admission of medical report-doctor not called no testify-whether
trial and conviction proper.
Matovu John Vs. Uganda 1975 27

Criminal Law-murder-provocation-whether existed-malice aforethought.
Uganda Vs. Dodoi Kinturuturok 1975 36

Criminal Law-unlawful wounding c/s. 215 (a) of the Penal Code-doing an act
intended to cause grievous harm c/s 209 (1) of the Penal Code -whether Magistrate
Grade II has jurisdiction to try an offence under section 209(1) -not clear to which
charge he pleaded guilty charging the accused with different charges-not clear to
which charge he pleaded guilty.
Uganda Vs. Gaudenysio Otim 1975 72

Criminal Law-attempting suicide s.203 of the Penal Code-sentence -imposition of
imprisonment -whether proper remedy -Law Reform-whether probation order or a
caution plus psychiatric or medical attention were adequate and better remedies-
whether there was need to retain attempting suicide as an offence in the Penal Code.
Okongo Bruno Vs. Stephen Ofwono Ongwech 1975 81

Criminal Law-elopement c.121A of the Penal Code -original statement of claim
alleged defendant had eloped with the plaintiff's daughter without his consent and
the couple tried to register the marriage with the District Commissioner without
his knowledge-prayer for compensation and separation of the couple-amended
statement prayer to declare the marriage void if the marriage existed-law applicable
whether criminal law applicable in the circumstances or civil customary law.
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Kalaudio Terikabi Vs. Uganda 1975 62
Criminal Law -murder -conviction based almost on the dying declaration-
corroboration of a dying declaration by the conduct of the accused-the accused
failing to go to deceased's house in same village to express condolences and
going away and not reappearing until his arrest whether regarded as conduct
corroboration a dying declaration.
Uganda Vs. Ben Kawal 1975 78

Criminal Law -murder c/s.183 of the Penal Code-defence of insanity-severe pains
in the head and the loss of memory-whether amounted to a disease of the mind-
unexplained killing of a daughter followed by confused behaviour-whether evidence
of insanity -burned and standard of proof where defence of insanity was raised.
Uganda Vs. Leoni Ojja 1975 74

Criminal Law-obstructing chief in execution of duties s.85 of the Local
Administrations Act-whether proper charge where accused pocks finger at chief's
eyes and abuses him -whether proper charge should have been threatening
violence s.76 or common assault s.227 of the Penal Code-idle and disorderly-
person s.162 (d) of Penal Code -Ingredients of the offence-whether plea "I was
drunk" is unequivocal plea to the said charge -trial procedure - whether proper
procedure to act on prosecution evidence alone and hear accused after judgment.
Uganda Vs. John Wasajja 1975 75

Criminal Law -robbery with aggravation ss.272 and 273(2) of the Penal Code-threat
to use deadly weapon-what threat amounted to capital robbery-evidence -
identification by single witness- need for existence of conditions favouring correct
identification before acting on it-identification parade-necessity to comply with rules
of practice-corroboration - whether lies by an accused could amount to
corroboration -Criminal Procedure-preliminary hearing s.64 of Trial on Indictments
Decree -what evidence might be agreed upon.
Kayiwa Muhamed Vs. Uganda 1975 66

Criminal Law-charge of robbery ss.272 and 273(1)(a) of the Penal Code Act-
conviction of entering a dwelling house with intent to commit a felony therein s.282
(1) of the Penal Code -whether entering a dwelling house with intent to commit a
felony therein was a minor and cognate offence of robbery-meaning of minor and
cognate offence -charge-failure to allege in the particulars of the offence that before
during or after the alleged robbery violence was used or threatened to be used on
any person or property - whether such failure rendered charge of robbery defective.
Uganda Vs. Safina Nakayenga 1975 70

Criminal Law-selling goods at a higher price than the maximum price ss.6,7 and 19
of the Distribution and Price of Goods Act as amended by Decree No.1 of 72 and
statutory Instrument No.17 of 1974-conviction for non-existing offence.
Uganda Vs. Rajabu Hussein 1975 67

Criminal Law-theft ss.252 and 256(c ) of the Penal Code-receiving or retaining
stolen property s.298(1) of the Penal Code-doctrine of recent possession of stolen
property-whether applicable -need to prove possession.
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Uganda Vs. Aduma Bamuka 1975 68
Criminal Law-traffic-exceeding prescribed speed limit c/ss 127(1) & 138(2) (d) of
the Traffic and Road Safety Act, 1970-alleged offence committed when Traffic Act
prescribing speed limit repealed -Traffic and Road Safety Act, 1970 not containing.
Karegyeya & Anor Vs. Uganda 1975 103

Criminal Law - rape ss.117 and 118-requirement for corroboration before conviction
when convocation may be based on uncorroborated evidence of prosecutrix-
evidence-need to test witness' demeanour against other evidence-burden of proof-
whether accused had burden to explain why complainant should tell lies against him.
Uganda Vs. Mikairi Nyandege 1975 114

Criminal Law - murder- evidence - deceased last seen in company of the accused
and others - police led to the deceased's skeleton by accused - skeleton identified
by deceased's father on basis of belt and trousers found round skeleton-whether
skeleton sufficiently identified as that of the deceased-whether such evidence
sufficient to prove that accused killed the deceased.


accused.
Uganda Vs. Maratino Opido 1975 113

Criminal Law - murder s.183 of the Penal Code - provocation whether threat of
witchcraft can amount to provocation - murder reduced to manslaughter.
Page 174
Uganda Vs. Sooka Mukooli 1975 112
Criminal Law-murder s.183 of the Penal Code - deceased pushing accused aged
17 years - accused killing deceased in anger-whether such pushing constituted
provocation.
Uganda Vs. Vicent Sendaza 1975 107

Criminal Law-jurisdiction-driving while under the influence of drink s.119 of the
Traffic and Road Safety Act, 1970 - whether Magistrate Grade II had jurisdiction to
try offence-Magistrates' Court Act, 1970 Schedule 1 as amended by S.I. No.90/71.
Uganda Vs. John Kalumba 1975 111

Criminal Law - being idle and disorderly s.162(1) (d) of the Penal Code - facts did
not disclose any offence-accused failed to perform to the expectation of his
audience-whether this constituted conduct likely to cause a breach of the peace
within the meaning of section 162(1) (d) of the Penal Code.
Uganda Vs. Phillip Nzabanita & Anor 1975 145

Criminal Law-being in possession of Immature Fish ss.35(b) and 41 of the Fish
and Crocodiles Act-immature fish within the meaning of section 3 of the Act and
S.I. 228-3 procedure-no evidence laid to show the fish were immature within the
meaning of s.3 of the Act before recording plea from accused-sentence-
commitment of an offender to imprisonment in default of payment of fine straight-
way without giving him time to pay the fine-section 193(2) of M.C.A. 1970-
illegality of such commitment.
Rweyoleka Jackson Vs. Uganda 1975 128

Criminal Law -traffic - causing bodily injury by careless use of a motor vehicle s.117
138(2)(b) and 65(1)(a) of the Traffic and Road Safety Act, 1970 - whether the
negligence of the complainant reduced the carelessness of the accused-sentence-
whether disqualification was mandatory upon conviction-meaning of "special
reasons" -court must ask accused whether alleged "special reasons" exist-vehicle
breaking down at night and unable to move-driver going away to find safe place to
rest-whether "special reasons" existed.
P.J. Kotecha Vs. Uganda 1975 124

Criminal Law-making payment outside Uganda s.6(1) of the Exchange Control Act
and s.5(1) & (3) of the 5th Schedule of the Act-charge alleging that accused made
payment for his own credit outside Uganda-whether defective.
Uganda Vs. Senzala Fabiano & Anor 1975 136

Criminal Law-murder s.183 of the Penal Code-whether conviction could be based
on evidence of identification by single witness-whether corroboration of dying
declaration required by law-malice aforethought-whether could be inferred from the
weapon used and nature of injuries.
Uganda Vs. Kankuratire John 1975 134

Criminal Law-murder s.183 of the Penal Code-s.11 of the Penal Code - disease of
the mind - meaning -medical evidence as to the accused's mental state prejudicial
to accused -whether proper to admit it at preliminary hearing -medical evidence-
whether necessary to prove insanity -s.188A of the Penal Code-diminished
responsibility - burden of proof accused's behaviour consistent with intention to
Page 175
kill or due to sudden and gross provocation-lack of evidence to establish malice
aforethought-proper course to take.
Uganda Vs. Begumisa Sarapiyo 1975 143

Criminal Law-murder s.183 of the Penal Code-intoxication -s.13 of the Penal Code-
whether accused was so drunk that he did not know what he was doing-whether
there was enough evidence of how drunk the accused was at the time of
committing the offence-malice aforethought-motive-whether material.
Uganda Vs. Katisa John Stephen & 4 others 1975 138

Criminal Law -murder s.183 of the Penal Code - credibility of witnesses-alibi -
burden of proof-malice aforethought and common intention lacking - identification
murder reduced to manslaughter s.182 of the Penal Code.
Uganda Vs. Nsubuga John 1975 131

Criminal Law-charge of murder s.183 of the Penal Code Act-procedure - death
occuring on date diffeent from when assault was inflicted-whether charge that the
offence was committed on date earlier than when death occurred was defective-
assult -s.186(b) of the Penal Code-whether malice aforethought could be inferred.

Criminal Law and Procedure -accused charged with murder-remanded for 575 days
s.74A (1) (a) M.C.A., 1970 - duty of Court -provisions of Trial on Indictments
Decree, 1971-whether applicable to magistrates' court.
Uganda Vs. Bitarinsha John & Anor 1975 140

Criminal Law-murder and robbery with aggravation-the killing and the robbery part
of one transaction -split up into two counts in one indictment -identification-whether
conditions were good for proper identification at night-alibis-burden on prosecution
to disprove alibis- murder malice aforethought and common intent to kill - burden
on prosecution to establish malice aforethought and common intent to kill in a
murder charge-robbery with aggravation - the use of threat to use a deadly weapon
or causing death or grievous harm to be proved - meaning of deadly weapon-
whether sticks were deadly weapons within the meaning of section 273 of the
Penal Code.
Kimenya Alex Vs. Uganda 1975 126

Criminal Law-charge of unlawful possession of Government Stores s.300(2) of the
Penal Code - whether possession unlawful where they were acquired lawfully-s.126
of the Magistrates' Court Act-whether presence of defence witnesses could be
dispensed with - procedure-service of witness summons.
Gobi Asuman Byakuno Vs. Uganda 1975 167

Criminal Law-being in possession of suspected stolen property s.299 of the Penal
Code-person to give an account to the satisfaction of the court as to how he come
to possession the same - whether account must be on the balance of probabilities-
evidence-whether document admissible.
Otoyo Matayo s/o Yowana Matini Vs. Uganda 1975 185

Criminal law-robbery ss.272 and 273 (2) of the Penal Code-defence of alibi-
Page 176
conflicting evidence-corroboration - identification parade-whether properly arranged.
Uganda Vs. Okeny William 1975 184

Criminal Law-driving without reasonable consideration for other road users s.126
of the Traffic and Raod Safety Act, 1970 - whether punishable under s.185(1) of
that Act -sentence-proper sentence for an offence under s.126 of the Traffic and
Road Safety Act, 1970-whether a sentence under s.185(1) of the Act proper.
Wasajja John Vs. Uganda 1975 168

Criminal law - robbery ss.272 & 273(2) of the Penal Code - conviction s.273(1)(b)
of the Penal Code-threat to use deadly weapon-threat-what it amounted to -
demanding goods at gun point without firing-whether amounted to sufficient threat-
deadly weapon-meaning - evidence - need for evidence to show that weapon was
deadly evidence of single eye-witness - identification - corroboration - alibi -
criminal procedure - prosecutor absent for part of a trial - whether prosecutor
might be present at all stages of trial -s.69 of the Trial on Indictments Decree,
1971-major principle applicable - proceedings-irregularity-cure s.137 of the Trial
on Indictment Decree - sentence-whether excessive.
Uganda Vs. Kikomeko Petero 1975 181

Criminal Law - murder s.183 of the Penal Code-whether malice aforethought
established - corroboration - whether conviction could be based on evidence of a
single identifying witness-duty of court when faced with a single identifying
witness-nature of corroborative evidence required-whether case was sufficiently proved.
Uganda Vs. Langole 1975 180

Criminal law charge of receiving or retaining property unlawfully obtained s.298(2)
of the Penal Code Act-whether there could not be theft where ownership or
property allowed to be stolen was not proved-charge sheet had no mention of theft-
whether plea of the accused property taken.
Banyanga Silva Vs. Uganda 1975 171

Criminal Law-robbery with violence ss.272 and 273(1) (a) of the Penal Code-
whether evidence of a single identifying witness sufficient to warrant a conviction -
evidence - danger of convicting on the evidence of a single identifying witness-
need to consider all the circumstances of the case-whether the trial court had
weighed all the factors which might have led to mistaken identification.
Bugingo Manuel & Another Vs. Uganda 1975 172

Criminal Law-housebreaking and theft ss.281( c) and 252 of the Penal Code Act-
none of the witnesses saw the appellants break into complainant's house -
whether doctrine of recent possession applicable.

award of costs-s.207(1)(f) of the M.C.A., 1970-whether proper-Articles 1 and 71 of
the Constitution - whether capable of superceding other laws-affect of Legal Notice
No.1 of 1971, (Proclamation) -s.207(1) (f) of the M.C.A., 1970, whether inconsistent
with Article 71 of the Constitution - procedure followed by D.P.P.-whether proper-
Page 177
s.207(4) of the M.C.A.., 1970 - s.341(1) (a) of the C.P.C.-whether applicable.
Uganda Vs. Gideon Opio 1975 176

Criminal Law-being in possession of uncustomed Goods s.146(iii) of the East
African customs and Transfer Management Act, 1970-Charge brought under
a Non-existent section of the Act-whether it was necessary to allege that the
Goods were subjected to custom duty whether Magistrate Grade II had jurisdiction
under the Act.
Uganda Vs. Joseph Mulindwa 1975 206

Criminal Law-Defilement -proof of offence-age of complainant and accused's
knowledge that complainant under 14 years of age must be proved-consent
irrelevant as defence since girl under 14 years presumed incapable of consenting
to sexual intercourse - plea - accused to plead specifically to issue of complainant's
age.
Owori Kenan & Stephen Olwori Vs. Uganda - Estoppel 1975 225
Criminal Law-Robbery - proof offence - use of violence-holding with force and
slapping sufficient violence to support charge of robbery -standard of proof to be
beyond reasonable doubt.
Criminal Law-Estoppel - circumstances where doctrine applies.
Uganda Vs. Mubiru 1975 226

Criminal Law-Murder-self defence-principles applicable -provocation-ss.187 and 183
of the Penal Code -codification of common law principles of provocation by s.188 of
the Penal Code -Use of a spear on the most vulnerable parts of the body.
Uganda Vs. Magala & Ors -person under age of 16 years 1975 202
Criminal Law - person under age of 16 years-vagrancy Act, S.11(1) and 2 and
S.11(1) not creating an offence - illegal to impose corporal punishment on juvenile
under the section since it only provides fro return to custody of parent of guardian.
Uganda Vs. Joseph Sempala Mukasa 1975 211

Criminal Law-Recent possession of stolen property - doctrine rises presumption
that accused thief or guilty receiver until presumption rebutted-court to consider
factors as nature of property stolen, whether transferable and accused's occupation.
Criminal Law-Robbery proof of offence-that accused armed with deadly weapon

not enough but must be proved that weapon threatened to be used - Penal Code
Act s.272 and Penal Code (Amendment) Act, s.273.
Uganda Vs. Kabali 1975 236

Criminal Law-accused-finding to accused's state of mind finding of fact.
Page 178
Semuyaga Sedi Haji Vs. Uganda 1975 237
Criminal Law-autrefois acquit-whether applicable to similar charges based on
different facts-effect thereof - whether its finding an interlocutory or final decision.
Mpima Lawrensio & William Mulondo Vs. Uganda 1975 238

Criminal Law-murder-evidence-statement of person who is dead-statement only-
admissible if it deals with matters which resulted in death -Evidence Act, s.30.
Uganda Vs. Salverio Byaruhanga 1975 256

Criminal Law-consuming intoxicating liquor outside permitted hours-charge-
particulars of the offence to be alleged -Liquor Act (Cap.95).
Uganda Vs. Christopher Kembuga 1975 257

Criminal Law-accessory after the fact-accused originally charged with murder but
no proof that he was guilty of offence-accused found to have assisted in
commission thereof-accused convicted of being accessory after the fact although
he was not so charged-Trial on Indictments Decree (Decree 26/71), s.88.
Uganda Vs. Sezere Unyutha 1975 247

Criminal Law-Contempt of court-conduct amounting to contempt -improper standing
talking and refusing to answer questions by accused during court proceedings-
whether contempt.
Criminal Law - Sentence-contempt - sentence for contempt under Penal Code,

s.101(2).
Uganda Vs. George Mayanja and Yowana Ssengendo 1975 264

Criminal law-failure to pay graduated tax without lawful excuse-burden on accused
to prove lawful excuse exists-penalty imposed to include tax due during two years
proceedings year in which proceedings instituted-Local Administrations Act, 1967
(Act 18/67), s.69(3) and (7)
E. Sentongo & P. Sebugwawo Vs. Uganda 1975 239

Criminal Law-murder-malice aforethought-a necessary ingredient to prove offence-
Penal Code Act, s.186-manslaughter -whether established by death caused by
unlawful beating
Criminal Law-murder - exhibits-when there is failure to produce during trial

instrument used against deceased a careful description of it ought to be made to
enable court to decide whether weapon lethal or not.
Uganda Vs. Michael Pariyo 1975 241

Criminal Law - theft by person in public service-Penal Code Act, ss.252 and 257-
meaning of theft-loss of money through negligence-whether amounts to theft
within meaning of Penal Code Act, s.245.
Criminal Law-property stolen-restitution-an order only made where property

recovered-Magistrates' Courts Act, s.213(1).
Uganda Vs. James Rugabera & Christopher Mugwanya 1975 260

Criminal Law-Young Offender-accused under apparent age of 18 years-magistrates'
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Courts Act 1970, s.190(1) - duty on court to form opinion as to age of accused -
whether where court forms opinion that accused young offender medical evidence
necessary-whether proper under Act.
Uganda Vs. Twahiri Bin Shaf 1975 262

Criminal Law-theft - sentence-first offender - small value of stolen property - 4 years'
imprisonment -sentence harsh and excessive -previous adverse record of accused-
need to put it on record to afford him opportunity to explain.
L. Byansi & L. Babalanda Vs. Busoga District Local Administration 1975 288
Criminal Law-Buying produce without proper lincence and weighing scales-
cognizable offence within meaning of Produce Marketing Act, 1970, s.20 and Weights
and Measures Act, s.41.
Nambago Amraphel Tenya Vs. Uganda 1975 278

Criminal Law-charging accused with two counts-accused charged with unlawful
possession of Government stores contrary to s.300 of Penal Code and possession
of classified drugs contrary to s.44(2) of Pharmacy and Drugs Act - whether
accused charged twice for same offence contrary to s.20 of Penal Code.
Criminal Law-possession of classified drugs-Pharmacy and Drugs Act, 1970, s.44

(2) - appellant picked up envelope on way home which contained drugs of Uganda
Medicine Store - Possession held innocent -accused entitled to leniency in
sentence since offence technical.
Uganda Vs. Martiono Kenyi and Kujo Yongoro 1975 275

Criminal Law-Elopement - Proof - Knowledge-An essential ingredient to prove
offence-finding of fact as to "knowledge" to be made.
Ndyabakatate Vs. Uganda 1975 299

Criminal Law - sentence - defilement-two years' imprisonment held not harsh for
such offence.
Criminal Law-sentence-theft by person in public service-fine of shs.1050/- or 12

months in default-sentence not excessive-imprisonment would have been the most
appropriate sentence.
Uganda Vs. Tinkamanyire 1975 300

Criminal Law-sentence -theft -Penal Code ss.245 & 252 - sentence of 2 months'
imprisonment and order to pay money in court-whether order valid.
Wabiki & Ors Vs. Uganda 1975 301

Criminal Law-sentence-robbery -whether sentence of five years and nine strokes
excessive.
Uganda Vs. Rwubaka s/o Munanira 1975 301

Criminal Law - sentence-Robbery-Appellant first offender sentenced to seven years
imprisonment and twelve strokes of cane and placed under police supervision for
three years on discharge-whether sentence excessive.
Page 180
Ndigori Kimani Vs. Uganda 1975 302
Criminal Law-sentence-Traffic offence-driving heavy motor vehicle after 7.00pm
without permit-first offender and only out of time by 10 minutes-sentence of 9
months' imprisonment held very severe.
Katabira Ali Vs. Uganda 1975 283

Criminal Law-theft by servant - necessity for prosecution to establish exact amount
of shortage allegedly stolen-Penal Code Act, ss.252 & 258.
Uganda Vs. Wilson Lubandi 1975 314

Criminal Law-failure to pay wages of employee-sentence-accused convicted of
failure without reasonable cause on demand to pay wages due to his employee
contrary to s.68(1) (a) of Employment Act-fine of shs.150/- imposed and order to
pay "compensation" to complainant in respect of unpaid wages made-whether
sentence of compensation legal-Employment Act, s.61(1) (a).
Uganda Vs. Pasakali Ndendahayo, Sulaiman Kalujiye, & Kanunura Aliseni 1975 334
Criminal Law-defence case-lie told by accused -effect on case - no conviction can
lie based solely on lie but can be used to corroborate evidence implicating accused.
Uganda Vs. Muhamudu Nsubuga & Ham Lutaya Nganda 1975 315
Criminal Law-Robbery contrary to ss.272 and 273 (2) (a) of Penal Code - Violence
necessary to constitute simple robbery-grabbing complaint's arm constitutes
sufficient force and to amount to violence -sentence-sentence of 4 and 3 years not
excessive since offence serious and maximum sentence high.
Criminal Procedure-identification -single witness - circumstantial evidence

corroborating evidence of single witness.
G.M. Kiyingi Alias Mpologoma Vs. Uganda 1975 310

Criminal Law-Robbery-Deadly weapon-deadly nature of weapon can be established
by circumstantial evidence-complainant stabbed in neck and had her back cut
with instrument she could not see as she was attacked from behind-circumstantial
evidence established instrument like knife having been used-prosecutions case well
established that deadly weapon used-Penal Code (Amendment) Act, s.273(2).
Uganda Vs. Longino Ongol 1975 311

Criminal Law - theft by public servant contrary ss.252 and 257 of Penal Code Act-
whether theft same offence as embezzlement and thus triable by Economic Crimes
Tribunal.
Uganda Vs. Karioki s/o Mungai & Anor 1975 327

Criminal Law-sentence-corporal punishment - accused convicted under ss.283(1)
and 252 of the Penal Code instead of s.283 (a) - corporal punishment - age of
accused not established -the accused alleged he was 17 while charge she read
that he was 20-sentence to corporal punishment-whether sentence illegal -
magistrates' courts Act s.191(3).
Macure Vs. Uganda 1975 328

Criminal Law - sentence-grevious harm contrary to s.212 of Penal Code-sentence
Page 181
of four years' imprisonment and order to compensate complainant shs.400/- -
whether sentence harsh.
Kabuzinde Vs. Uganda 1975 329

Criminal Law-sentence-injuring animals-appellant convicted of injuring and killing
cow the property of the complainant contrary to s.314 of the Penal Code -
sentenced to 3 years imprisonment - whether sentence appropriate.
Uganda Vs. Nakalanga 1975 329

Criminal Law-sentence - manslaughter contrary to s.182 of the Penal Code-leniency
for accused-first offender-had killed his friend mistakenly-accused provoked by
finding his wife committing adultery with another man.
Uganda Vs. Mirigiti 1975 330

Criminal law-sentence-murder - accused struck deceased on the head with an iron
bar which accordingly to medical evidence caused death-indictment for murder
c/s 183 of the Penal Code-whether malice aforethought proved-manslaughter
substituted.
Kayondo Vs. Uganda 1975 330

Criminal law-sentence -receiving stolen property-appellant convicted of receiving
stolen property contrary to s.298(1) of the Penal Code and sentence to 3 years
imprisonment -whether sentence harsh.
Nsubuga Vs. Uganda 1975 331

Criminal law-sentence - robbery-appeal against sentence-appellant convicted of
robbery c/s 272 and 273 (1) (a) of the Penal Code by magistrate, sentence to 3
imprisonment and ordered to pay shs.550/-compensation to appellant and to
receive 10 strokes corporal punishment.
Uganda Vs. Garada Ngulumi 1975 345

Criminal Law - failing to give correct information - economic crimes Tribunal Decree,
ss.12(1) (a) 7 14(b)-to constitute offence information must relate to smuggled goods-
Magistrate not "authorized officer" under Decree to receive information.
Reich Rashid & David William Rwamafa Vs. Uganda. 1975 338
Criminal Law -Price Control-Distribution and Price of Goods Act s.6(a) and oil at a
price greater than that fixed by S.I. No. 14/74-sentence of imprisonment mandatory.
Criminal Law-overcharging - liability of employer-liable for acts relating to business

contravening provisions of Distribution and Price of Goods Act except where he
proves ignorance of commission of offence or where he exercised due diligence to
prevent it being committed.
Uganda Vs. Anjelo Kinya & 3 others 1975 339

Criminal law-sentence - young offender-illegal to sentence to imprisonment -
Magistrates' Courts Act, 1970, s.190(1).
Balikenda Baduru Vs. Uganda 1975 337
Page 182
Criminal Law - theft - recent possession-application of doctrine - circumstances it
would not apply.
Uganda Vs. Serwada Joyce Namazi & Sarah Nakisozi 1975 371
Criminal law-overcharging -forteiture-order only applicable to goods in respect of
which charge laid-distribution and price of Goods Act (Amendment) Decree, 1972, s.7.
Uganda Vs. Mahmud Nakumbi 1975 372

Criminal law - Hawker - acting as hawker without valid licence-offence committed
when goods are sold by retail other than in trading premises or market established by
Markets Act.
Uganda Vs. Eduku John 1975 372

Criminal law-adultery - proof of offence-customary marriage-no valid customary
marriage unless dowry fully paid - adultery not committed unless there is valid
subsisting marriage - accused person-essential for prosecution to prove accused
knew woman was married-types of marriages -offence applies to all marriages
recognised in Uganda.
Kalonda Fuledi Vs. Uganda 1975 376

Criminal law-vagrancy-meaning of vagrant-vagrancy Act, s.2 -commission to prison of
vagrant ought to be after inquiry is made - s.4 of Act.
Kateera George Vs. Uganda 1975 377

Criminal law-stealing from dwelling house-elements of offence-thing stolen must
exceed shs.100/- or violence used or threatened to be used-proper section for offence-
Penal Code Act, s.256,(b).
Uganda Vs. Nakabugo 1975 394
Kalonda Fuledi Vs. Uganda 1975 376

Criminal law - vagrancy - meaning of vagrant- Vagrancy Act, s.2 - commission to
prison of vagrant ought to be after inquiry is made - s.4 of Act.
Uganda Vs. Aroni Rutaziana 1975 380

Criminal law-vagrancy-procedure to be followed to prove offence-vagracy Act, (Cap.115)
ss.2 and 4.
Semyalo Antonio Vs. Uganda 1976 11

Criminal Law - sentence - procedure - different statutes providing different sentences
for same criminal situation - trial magistrate preferred stiffer sentence-whether
sentence proper and just - Magistrates' Courts Act, 1970, s.192, s.192 (d), Coffee
Marketing Act, 1969, ss.26(7) & (8).
Uganda Vs. Erisa Damulira & Napya w/o Paulo K. 1976 12

Criminal Law-elopement - proof of offence-accused (married woman) disappeared for
10 months and was found in house used by co-accused as a shop-accused found
making bed at time of arrest - whether sufficient evidence for elopement - Penal Code
Act, ss.121A(1) and (3).
Page 183
Uganda Vs. Sezerena Dokotho 1976 5
Criminal law- sentence - young offender-imprisonment - age of the offender given in the
charge sheet as 17 years-whether sentence proper-Magistrates' Courts Act, s.190(1).
Uganda Vs. Henry Nyamwasa 1976 44

Criminal Law - murder - defence - insanity- burden on accused to prove insanity on
balance of probability - provocation - prosecution to disprove the existence of
provocation.
Uganda Vs. Wabwire Bulewozo 1976 45

Criminal Law - Murder - defence - self defence - distinction between cases where
violence is used and where it is not. Measure of force to be used - justifiable killing.
Uganda Vs. Bernardo Owere 1976 81

Criminal law - murder - causation - accused assaulting and inflicting wounds on
deceased - infection of tetanus arising and causing death - whether accused caused
death of deceased - malice aforethought - whether established.
Uganda Vs. Gabriel Ojoba, Oswald Walum & Others 1976 88

Criminal law - murder - purpose of s.24 of Evidence Act - confession to Chief -
whether admissible.
Uganda Vs. Jackson Musisi 1976 93
Criminal Law - murder - malice aforethought - use of iron bar and causing multiple
bruises on deceased without killing him-whether malice aforethought established.
Uganda Vs. John Nkusi & Samwiri Nyarambo 1976 85

Criminal law - murder -strangulation - accused breaking into deceased's house and
stealing therein -deceased raising alarm and accused using striking round his
neck to stop him from raising alarm - accused eventually straggled - whether there was
intention to kill- whether accused could be convicted of murder.
Uganda Vs. Vinancio Oroma 1976 84

Criminal Procedure - jurisdiction part had case - Magistrate Grade II carried on with the
trial of a case partly heard by Grade I Magistrate - whether he had such jurisdiction
U/S 142 of the Magistrates' Courts Act, 1970.
Tito Rwakaikara Vs. Uganda 1976 82

Criminal Law - receiving and retaining stolen property-doctrine of recent possession-
Principles to be considered - Lapse of time from date article stolen to be taken into
account - store breaking and theft - whether proved.
Uganda Vs. David Mukasa & Kasim Bin Issa 1976 90

Criminal law-robbery - proof - evidence of single identifying witness - whether court
could rely and convict on such evidence - prosecution to prove nature of weapon used-
convictions under Penal Code Act, ss.272 and 273 (1) (b).
Uganda Vs. Eregu 1976 109
Uganda Vs. Angich 1976 110
Uganda Vs. Musa Baisi 1976 110
Page 184
Uganda Vs. Orengan & Anor 1976 111
Uganda Vs. Amisi Kajuna, Butoya & Abdul Batala 1976 163
Criminal Law - Attempt - over act - to constitute attempt the act must be immediately
and not remotely connected with intended offence-accused persons found on
premises and run away when intercepted leaving their belonging behind-whether such
conduct amounted to attempted theft.
Uganda Vs. Aniceto Acia 1976 164

Criminal Law - murder - Defence-provocation - deceased cut accused's box and
alleged that he was impotent and not a proper man for a husband - whether such
words amounted to legal provocation.
Mugabi Everest Vs. Uganda 1976 165

Criminal law-theft - proof of offence-appellant acting for widow and given possession
of money awarded in suit-award made to widow and six children and apportionment
not yet made-appellant idle and negligent in dealing with matter and charge of theft
brought against him based mainly on letter denying any award having been made -
letter not proved to have been written by appellant - whether case made out where
widow made the only complainant-whether appellant guilty of theft when he still has
possession of money and willing to pay.
Bunya Fred Vs. Uganda 1976 160

Criminal law-receiving stolen property-the guilt of an accused is not established if he
gives an explanation which might reasonably be true.
Uganda Vs. Rutaro Francis 1976 169
Criminal law-murder - self defence - accused and one remigio picked up quarrel and
fought-remigio hit accused and he fell down-accused used piece of wood to hit back
but accidently hit deceased instead of Remigio-defence not of accident but that he
was defending himself - court ought to consider weapon used, nature of retaliation
and opportunity for disangerement.
Uganda Vs. Kamusini s/o Seku & Edward Wekesa 1976 166
Criminal law - robbery - aggravated robbery - proof of offence-requirement to prove that
deadly weapon used or threatened to be used - a gun not deadly weapon used or
threatened to be used-a gun not "deadly weapon" except if it is loaded or capable of
discharging bullet - other weapons must also be proved to have been used or
threatened to be used.
Uganda Vs. Wagirasa & 6 Ors 1976 175
Kibiswa Vs. Uganda 1976 175
Ruzambira Yese Vs. Kimbowa Builders & Construction Ltd. 1976 296
Consent judgment filed without fees being paid to court and without instructions from
client whether Counsel could retract the judgment for lack of fees being paid to court
and instructions from client - apparent authority of counsel - proper course to take in
the circumstances of the present case.
Magambondi John M. Vs. Uganda Hire Purchase Co. Ltd. 1976 299
Page 185
Court vacation rules - rule 4 application to have case heard during vacation - suit for
recovery of motor vehicle-or its value-application supported by affidavit - affidavit
discloses that m/v deteriorating - that the suit is a short one-with one witness to
examine - whether urgency disclosed.
Mugisha Kit Smile Vs. Uganda 1976 261

Criminal Law - causing a person to receive a written threat to murder c/s 200 of the
Penal Code and demanding money with menaces c/s 279 of the Penal Code -expert
opinion-whether conclusive-whether expert needs to lay foundation for opinion-whether
proper to evaluate prosecution case first and then consider defence - duty of appellate
court where trial court has failed to evaluate evidence before it.
Uganda Vs. Berena Bonabanga 1976 262

Criminal Law - murder c/s 183 of the Penal Code - defence of insanity - whether
available to accused having regard to his conduct delusion based on suspicions -
whether a defence to a criminal charge - abnormality of mind - whether it amounts to
a plea under section 188A of the Penal Code - malice aforethought - whether it can
be inferred from nature of wounds inflicted on deceased.
Rhamadhan Juma Haji Vs. Uganda 1976 275

Criminal Law-conspiracy to commit a felony - there must be more than one person
who must have joined their minds together for the purpose of committing the felony-
s.373 of the Penal Code.
Kayibanda John Vs. Uganda 1976 269

Criminal Law - rape - ingredients of the offence-there must be carnal knowledge of a
woman or girl-there must be lack of consent - those ingredients must be established
by the prosecution and accepted by the court before a conviction for rape can be
arrived to it.
Uganda Vs. Alfunsio Obonge 1976 266

Criminal Law - receiving stolen property - guilty knowledge at the time of receiving
must be proved beyond reasonable doubts before conviction can be sustained.
Criminal Law - retaining stolen property-it is not necessary to show guilty knowledge
in the accused at the time of receipt-it is sufficient to show the existence of a guilty
mind at some time before the discovery and seizure of the goods in the accused's
possession.
Uganda Vs. Jostina Akuda 1976 280

Criminal Law - trading without licence - no trading licence is required in the event of
trade carried on in any market established under the Markets Act - accused was
found selling fish " at Masindi Town Market" - the schedule to the Markets Act show
that Masindi market was established under the Act-no offence committed -s.7(2) (c)
of Trade Licensing Act - the schedule to Markets Act.
Zaribugire John Vs. Uganda 1976 311
Wakayera Isaak Vs. Uganda 1976 311
Kalenzi Andrea & another Vs. Uganda 1976 312
Page 186
Kabugo Mustafa Vs. Uganda 1976 313
Uganda Vs. Kivumbi Emmanuel 1976 314
Uganda Vs. Gabudiel Olwo & Alikeri Akola 1977 22

Criminal law - accused charged under s.52 of the Marriage Act-accused married
under the Marriage Act but subsequently contracted a customary marriage without
legal divorce-customary marriage not registered under Customary Marriage
(Registration) Decree, 1973 - non-registration of the marriage under the Decree not
to affect validity of the marriage-prosecution failed to produce certificate of registration
as evidence of contracting of customary marriage by accused -whether offence under
s.53 of marriage Act was committed.
Uganda Vs. Juma Sale 1977 23

Criminal law-accused charged with and convicted of trading without Traveling Whole
Sellers license c/s. 19(1) and 27 (1) of the Trade Licensing Act 1969-magistrate
ordered his goods to be forfeited - whether order of forfeiture legal.
Uganda Vs. Terena Amuru 1977 11

Criminal law - accused charged with assault occasioning actual bodily harm c/s 228
of Penal Code - the word "unlawful" not used in the section -whether word unlawful is
essential - ingredient of offence under the section.
Uganda Vs. Mwite John 1977 14

Criminal law - personating Public Officer c/s 87 (b) of Penal Code - accused
represented himself as Army Officer and asked for assistance before others-whether
offence under s.87 (b) of Penal Code was committed.
Uganda Vs. Ocilajo s/o Eragu 1977 15

Criminal Law - elopement - 1st accused convicted of elopement c/s. 121A (1) of
Penal Code - he admitted a provisions convicted by similar offence-he was ordered to
pay compensation of Shs. 3,000/= to the aggrieved husband - whether order of
compensation in sum of shs.3000/= was proper.
Criminal law-elopement - 2nd accused convicted of agreeing to elope c/s 121A (3)
Penal Code - the word "elope" in subsection 3 not defined - whether the subsection
creates any offence.
Uganda Vs. Okecho 1977 16

Criminal law-accused charged with obtaining money by false pretence c/s 289 of the
Penal Code-accused had been given money by complainant to buy cigarette but he
did not buy them nor return the money - whether there was any obtaining by false
pretence.
Uganda Vs. Lutukei Muya 1977 7

Criminal law-accused charged with offence of "movement of cattle" c/ss. 6 and 10(2)
of the Cattle Traders Act - accused found transporting goats from one Direction to
another without permit-whether committed offence under the Act.
Page 187
Uganda Vs. Sebaganda s/o Miruho 1977 8
Criminal law-common intention-fatal injury inflicted by one of the parties during the
course of carrying on common intention - whether all parties are responsible.
Criminal law-murder-malice aforethought - death resulted from injury, caused by

a panga, inflicted in attempt to escape from being arrested for rape-whether malice
aforethought can be inferred from the use of the panga.
Uganda Vs. Kasuja Leo 1977 9

Criminal law-murder-defence of insanity-when the accused puts up a defence of
insanity to a murder charge, the burden is upon it to prove on a balance of
probabilities that he was insane at the time of committed the offence-the onus on him
is no higher than on a party in a civil suit on when is laid the burden of proving a
particular issue.
Uganda Vs. Odo Levi & Another 1977 10

Criminal law-elopement - proof of offence - 2nd accused (married woman) deserted her
husband -ingredients of elopement - whether sufficient evidence for elopement - Penal
Code Act, s.121(A).
Nyehangane Patrick & Rwabutenture Vs. Uganda 1977 19

Criminal law sentencing -sentence should not be excess in or unduly harsh in the
circumstances-the expression shall be liable in a penalty section to an offence
provides for a maximum sentence only, and the courts have a discretion to impose
leader sentences.
Uganda Vs. Kadiri Sentongo 1977 20

Criminal law-Road Traffic - driving motor vehicle without carrying a driving permit c/ss.
54 (1) and 185 (1) of the Traffic and Road Safety Act, 1970 - driver to produce his
permit for 5 days - accused convicted two days after demand to produce permit was
made-whether offence was committed.
Uganda Vs. Busubuko Salapio & 5 others 1977 44
Uganda Vs. John Katende 1977 44
Uganda Vs. Acop Loina & Katarina Iremo 1977 45
Uganda Vs. Bibosozi Yaloli 1977 45
Uganda Vs. Omuse Serviri & Otheino s/o Wanjala. 1977 46
Uganda Vs. Oloya s/o Yovani Omeke 1977 4

Criminal law -sentencing - corporal punishment imposed on accused whose age was
16 years-corporal punishment to be imposed only on a male person under the age of
16 years s.191 (3) M.C.A. - duty of court to ascertain age of accused where there is
doubt.
Owino James Vs. Uganda 1977 54

Criminal Law - assault - self defence-appellant convicted of assault causing actual
Page 188
bodily harm c/s.228 of Penal Code-appellant raised defence of self-defence - whether
defence available in cases of assault - defence of self defence only available when
reasonable force is used to repel the attack.
Wanyama James & Anor Vs. Uganda 1977 56

Criminal Law - Robbery c/ss.272 and 273(1) (a) of the Penal Code - payment of
compensation to complainant -person convicted of robbery must be ordered to pay
compensation to complainant -Penal Code (Amendment) Act, 1968 s.273(3).
Uganda Vs. Bulasio Wooli 1977 57

Criminal Law -disobedience of lawful orders-accused disobeyed Civil court order -
accused convicted of disobeying a lawful order s/s.111 of the Penal Code Act-whether
disobedience of Civil Court orders can be made subject of criminal proceedings.
Uganda Vs. Pensiano Wambuga & 2 others 1977 59

Criminal Law-compulsion -accomplice-offence committed under threats of death-
person not an accomplice or criminality responsible for offence committed under
complousion - Penal code, s.16.
Criminal Law-murder - malice - aforethought - common intention-where persons are

jointly charged with murder -common intention to kill must be proved-motive lack of
motive for killing is immaterial - Penal Code s.9(3).
Uganda Vs. Okuva Semi 1977 58

Criminal Law - disobedience of lawful orders-accused disobeyed civil court orders-
accused convicted of disobeying lawful orders c/s.111 of Penal Code - whether
disobedience of Civil Court orders can be made subject of criminal proceedings.
Uganda Vs. G. Kibuka 1977 66

Criminal law - failure to pay graduated tax-accused charged with failure to pay
graduated tax c/s.69(3) of the Local Administrations Act-Courts were in respect of
years 1970 was proper.
Uganda Vs. 1. Ntusi Charles Bernard & Zereka Godfrey 1977 64

Criminal Law - murder-malice-aforethought - lethal weapon used on the most
vulnerable part of deceased's body-whether maliceaforethought could be inferred.
Criminal Law - murder-provocation - witchcraft-accused believed deceased to have

bewitched his late brother and mother - accused explored deceased not to kill his
sick mother-deceased threatened accused that he would die before his mother -
whether threat of witchcraft can amount to provocation.
Uganda Vs. Kamisi Bagulaine 1977 65

Criminal Law - theft -restoration and forfeiture of stolen property-Magistrates' Courts
Act, 1970, ss.213(1) and 214(1).
Uganda Vs. 1. Yosefu Delotio & Zaverio Kansngaki 1977 53

Criminal law-sentencing -accused convicted of stealing cattle c/ss.252 of Penal Code
and sentenced to 2½ years - whether sentence excessive.
Uganda Vs. Racham Daniel 1977 52
Page 189
Criminal Law -threatening violence c/s. 76(a) of the Penal Code - threat to kill -
meaning of threat.
Along Silivano Vs. Uganda 1977 96
Uganda Vs. John Mpiigi 1977 96
Uganda Vs. Matiya Makumu 1977 97
Uganda Vs. 1. Awali Sunday Isabirye, 2. Yusufu Ssemakula & S. Balyejusa 1977 97
Uganda Vs. Samwiri Kabuge 1977 51

Criminal law-Traffic offence -accused charged and convicted under s.76(b) of Traffic
and Road Safety act, 1970 - s.76(b) not yet in force -whether conviction proper.
Uganda Vs. Gasana Emanuel & Paulo Senfuka 1977 114

Criminal Law-consuming intoxicating liquor outside the permitted hours-accused
found at the licenced club premises drinking beer at 3.30 p.m. - beer not being a
spirituous liquor can be sold to members of a licenced club at any time-paragraph 11
(1) of the third schedule, Liquor Act - accused convicted of non-existent offence.
Uganda Vs. Omongin s/o Isike 1977 115

Criminal Law-Road Traffic-disobeying traffic signs is not an offence under the
Traffic and Road safety Act, 1970.
Criminal Law - sentencing-traffic offence-option to pay fine to be given for petty

offence.
Uganda Vs. Abubakar Lokut 1977 108

Criminal Law - murder-application of doctrine of recent possession - accused found
in possession of a car recently stolen - whether being in possession of a car recently
stolen is enough proof of theft against the accused and or being in possession of a
car recently stolen is enough proof of murder committed in the course of robbery.
Uganda Vs. Katabazi Mannuel 1977 109

Criminal Law -murder
Uganda Vs. Santa Ayugi 1977 113

Criminal Law - sentencing - young offenders-magistrate not to sentence person below
the age of 18 years to imprisonment - duty of magistrate to ascertain age of the
accused before passing sentence.
Criminal Law - sentencing - Reformatory School-female accused ordered to be moved

from prison to Reformatory School -no Reformatory School available to girls in
Uganda.
Jafar Abdunur Vs. Uganda 1977 116

Criminal Law-seduction is a customary civil wrong which does not amount to a crime
under the Penal Code - Abduction - Penal Code, s.121.
Minani & Kabanda Vs. Uganda 1977 117
Page 190
Criminal Law - sentencing - fine being form of punishment should correspond to
gravity of offence.
Uganda Vs. Simiyu Anfulensi 1977 106

Criminal Law - Receiving stolen property c/s 298(1) of the Penal Code - ingredients of
offence-accused must have retained property knowing or having reason to believe the
same to have been feloniously stolen, taken, exhorted, obtained or disposed of.
Kaizzi Vs. Uganda 1977 143

Award of Compensation
Uganda Vs. Rwamussana 1977 144

Binding over
Uganda Vs. Mukayiri Katambuzi, Miriam Nakato, & Tomsi Musigalo 1977 145
Manslaughter
Bukenya John Vs. Uganda 1977 145

Theft
Mulinda Samuel Vs. Uganda 1977 146

Traffic Offence
Uganda Vs. Matina Bikyambono 1977 146

Young Offender
Uganda Vs. P/C John Balaba 1977 171

Criminal Law - contempt of court - accused remained seated when court arose -
whether offence of contempt of court committed.
Criminal Law - contempt of court - offence is committed when the act complained of
tends to interfere with course of justice-power to punish for contempt of court to be
used sparingly and only in serious cases.
Muketsi Vincent Vs. Uganda 1977 163

Criminal Law - house breaking and theft c/ss. 281(1) (a) and 256(b) (a) and 256(b) of
the Penal Code - house breaking - there is not technical breaking where accused
merely put husband through and open window and removes property from house.
Criminal Law - person under apparent age of 12 years not criminally responsible
unless he has capacity at time to know that he ought not to do the act or make the
omission-Penal Code, s.14(2) -court must be satisfied about age and criminal
capacity of juvenile before convicting him - accused admitting stealing money.
Criminal Procedure -probation order - petition to set aside order.
Uganda Vs. Ssewankambo Erifazi 1977 161

Criminal Law - murder- insanity-defence of insanity - accused suffering from epilepsy
and psychosis.
Uganda Vs. Kaloli Minani 1977 165
Page 191
Criminal Law - murder - malice aforethought - elements of offence - injury to neck -
although a vulnerable part of the body is not alone sufficient to prove malice
aforethought.
Uganda Vs. Kahara Yosia 1977 158

Criminal Law - neglecting to provide food for children c/s. 153 of the Penal Code.
Uganda Vs. Mafabi Kunya & Elaku 1977 159

Criminal Law - receiving or retaining stolen property - ingredients of the offence-
in order to convict a person for an offence of receiving or retaining stolen property-
prosecution must prove (1) goods in question were stolen: (2) stolen goods were
received by accused: (3) accused at time of receipt of goods knew they were stolen.
Uganda vs. Kibirige H., Seguma E, Lubowa L., & John Senyonga 1977 174
Criminal Law-robbery - application of doctrine of recent possession - goods stolen
at 2.00 a.m. and recovered at 9.00 a.m. of following morning - whether time element
has to be taken into account and/ or whether items stolen were of type easily
disposed of.
Musembya George William Vs. Uganda 1977 196

Buying without a licence and contravening a licence.
Uganda Vs. Ewou Benedicto 1977 196
Common Assault
Kamugunga Emanuel Vs. Uganda 1977 197

Doing Grievous harm and assault occasioning actual bodily harm.
Uganda Vs. Nkutu Damuzungu 1977 198

Manslaughter
Ugnada Vs. Augustineo Cheptai 1977 198

Manslaughter
Nsubuga Eridadi Vs. Uganda 1977 172

Criminal Law - sentencing - robbery - mandatory orders laid down under ss. 272 (2)
and 274A of Penal Code must be made.
Uganda Vs. Kibomba Alozio 1977 153

Criminal Law - theft by servant c/ss. 252 and 258 of the Penal Code.
Uganda Vs. Kapiyo John 1977 151

Criminal Law - theft c/ss. 252 and 256 of the Penal Code - retaining stolen property
c/s. 298(1) of the Penal Code - preferred as alternative counts-person charged with
and convicted of stealing bicycle and retaining components thereof-person not to be
punished twice for same offence- Penal Code, ss.2 and 20.
Uganda Vs. Ello Savirio 1977 232

Criminal law - assault occasioning actual bodily harm c/s 228 of the Penal Code -
charge subsequently amended to doing grievous harm c/s 212 of the Penal Code -
accused pleaded guilty and convicted on amended charge - no evidence in support of
doing grievous harm - accused subsequently pleaded guilty, convicted and sentence
Page 192
for assault occasioning actual bodily harm without magistrate setting aside earlier
conviction of doing grievous harm- later conviction a nullity.
Uganda Vs. Daudi Bosa 1977 235

Criminal Law -obtaining credit by false pretence c/s. 292(a) of the Penal Code -
accused obtained money on the understanding that he would perform certain services-
failure to perform services - person obtaining money fraudulently- on promise to
render services or to deliver goods cannot be convicted of obtaining money by false
pretences or of obtaining credit by fraud - meaning of "obtains credit."
Uganda Vs. John Ntahanimanyamusi 1977 236

Criminal Law - Criminal trespass c/s. 289(1) of the Penal Code and indecent assault
c/s.122 (1) of the Penal Code.
Uganda Vs. Akisoferi Waidudu and 6 others 1977 240

Criminal Law - breach of peace c/s. 162(d) - accused charged with and convicted of
breach of peace by disobeying orders of mutongole chief to grow cotton - whether
offence under s.162 (d) committed.
Criminal Law - sentencing - default sentence - accused sentenced to pay fine of

shs. 100 or six weeks imprisonment in default-whether default sentence legal.
Mukasa Abdu Vs. Uganda 1977 207
Criminal Law - demanding money with menaces - ingredients of offence are; (1) the
accused demanded a valuable thing: (2) he demanded it by menaces or forcely: and
(3) he demanded it with intent to steal.
Uganda Vs. Sabastiano Ntalo 1977 227

Criminal Law - escaping from lawful custody c/s 103 of Penal Code - accused
escaped from bathroom - whether that constituted escaping from lawful custody.
Uganda Vs. Wangubo Martin & 19 others 1977 220

Criminal Law - illegal movement or skins and hides contrary to r. 7 of Animal
Diseases Rules, 1968 - ingredients of offence - r. 26A of the Rules is ultravires
Animal Diseases Act, (Cap. 218) s.26.
Uganda Vs. Yigga George William 1977 216

Criminal Law - murder c/s. 183 of Penal Code.
Uganda Vs. Kaloli Katongole Matovu 1977 238

Criminal Law - murder - malice aforethought - use of hammer and strangulation -
defence of drunkenness not negatived - case based on circumstantial evidence.
Uganda Vs. 1. Muhamud Kasozi 2. Kayondo 1977 225

Criminal Law - selling goods in municipality without permit contrary to rr.61 and 72 of
Urban Authorities Rules - to commit offence under r.61 person must be habitual
trader - "trade" - has technical meaning of buying and selling goods habitually or
systematically - single isolated transaction is not trade.
Criminal Law - sentencing - juvenile offender - a fine can be imposed on such offender
notwithstanding s.190 M.C.A.
Page 193
Kyambadde Fred Vs. Uganda 1977 157
Causing bodily injury by reckless driving
Uganda Vs. Byabafuma Phillip 1977 258

Hawking without a licence
Uganda Vs. Obukui Genatio & 3 others 1977 259

Manslaughter
Uganda Vs. Kasiano Chombe 1977 259

Manslaughter
Uganda Vs. Byaruhanga Yeresom 1977 229

Criminal Law - sentencing - accused convicted of careless driving c/ss. 126, 138(2)
and 65(1) and sentenced to a caution - whether sentences legal.
Uganda Vs. Waidudu Akisoferi & 6 Others 1977 240

Criminal Law - breach of peace c/s. 162(d) - accused charged with and convicted of
breach of peace by disobeying orders of mutongole chief to grow cotton - whether
offence under s.162(d) committed.
Criminal Law - sentencing-default sentence - accused sentenced to pay fine of

shs.100/= or six weeks imprisonment in default - whether default sentence legal.
Uganda Vs. Amisi Kisakye 1977 231

Criminal Law - sentencing - harsh and excessive sentence.
Ofwono Benedicto Vs. Uganda 1977 210

Criminal Law - threatening violence - ingredients of offence - there must be a threat
to assault coupled with intention to intimidate.
Uganda Vs. Saidi Waigo & Valenia Aisa 1977 296

Criminal Law - adultery - charge - charge must state that woman is married - s.150A
(2) of - Penal Code - it must not be omitted from charge nor presumed in judgment.
Criminal Law - adultery - proof - sexual intercourse must be proved beyond reasonable
doubt - evidence based on inference, suspicion, opportunity and circumstance not
enough - adultery not proved - accused found together in house at night - essential
to prove that accused knew woman was married.
Criminal Law - sentencing - adultery - fine of shs. 200/= or 12 months imprisonment

in default imposed - maximum default sentence for a fine of shs. 200 is 6 weeks -12
months illegal - s.192 (d) MCA - under s.150A (2) no provision for woman accused to
pay fine although it may be awarded under s.189(2) MCA - "subsequent conviction"
in s.150A (2) refers to a subsequent conviction of adultery only and not of any other
offence.
Bunjo John Vs. Uganda 1977 289

Criminal Law - theft by public servant c/ss. 252 and 257 of Penal Code.
Uganda Vs. Sebyamba Boniface 1977 288
Page 194
Criminal Law - sentencing - accused aged 18 years pleaded guilty to a minor offence
and had been on remand for 3½ months - proper case to show leniency in sentencing.
Criminal law - loss of tooth - whether amounts to grievous harm - s.4 Penal Code.
Uganda Vs. Waiswa Patrick & Kyalimpa John 1977 299

Criminal Law - common intention - murder - for an offence of murder to be established
common intention must not only be to prosecute an unlawful purpose but there must
be established the sharing of a common purpose to kill or knowledge that the act
causing death will probably cause death.
Criminal Law - assault leading to death - where two or more persons go out equipped
with weapons such as guns or knives intending at least to cause fear to another
and one kills that other, his companion will be guilty of manslaughter.
Uganda Vs. okecho Erusania & 5 Others 1977 293

Criminal Law-contempt of court-refusal to be sworn in court does not amount to
contempt of court - in a criminal case an accused person has a constitutional right
to remain silent or give unsworn testimony.
Criminal Law - contempt of court - failure to contest civil suit-if defence witnesses in
civil suit choose not to swear or refuse to give evidence, the court is entitled to take
this as an admission by the defence of plaintiff's claim and not charge them with
contempt of court.
Kasozi Simon Vs. Uganda 1977 265

Criminal law - demanding money with menaces - fear has to be created in mind of
menaced person-fear need not be explicit and need not induce person menaced -
intention of accused to create menace is material - test is whether if the event had
been successful money obtained would have been stolen.
Criminal Law - sentence- consecutive sentence - accused sentenced on three counts

sentences to run consecutively - accused had no previous conviction and was a
young man-whether sentence was harsh.
Kasiba Patrick Vs. Uganda 1977 275

Criminal Law - making a document without authority c/s.334(a) of Penal Code -
making a false statement c/ss.4 (b), 5(1) and (3) of Penal Code.
Uganda Vs. Otim George William 1977 286

Criminal Law - murder c/s 183 of Penal Code - malice aforethought - intention to kill-
proof and test - court not bound in law to infer that accused intended or foresaw
result of his actins by reason only of its being a natural and probable consequence of
those actions but reference to all evidence - Criminal Justice Act, 1967 (England),
s.8 is applicable and suitable.
Uganda Vs. Musisi Christopher 1977 298

Criminal Law - murder - malice aforethought - accused found with items stolen from
deceased's house - whether that alone was enough to prove malice aforethought.
Page 195
Uganda Vs. Kafeero Paskali, Kiyingi s/o Malikani & Nanfuka Sauda 1977 294
Criminal Law - murder - malice aforethought-hired killing committed when accused
drunk and for only shs. 100/= - accused proved to be of low intelligence - whether
these factors negatived malice aforethought.
Criminal Law - murder - malice aforethought - killing done by two people - state
accused plea of manslaughter of one accused - whether the other accused could
be convicted of murder.
Uganda Vs. Easta Nalukwago, Okwanga James & Okello Joseph 1977 302
Criminal Law - murder-self - defence.
Uganda Vs. John Kategaya 1977 283

Criminal Law - obtaining money by false pretence c/s 289 of Penal Code - breach of
a promise to do an act in future is not an offence under s.289 of Penal Code.
Kalama David Vs. Uganda 1977 284

Criminal Law - receiving or retaining stolen property - accused found with stolen
property a day after it was stolen - accused convicted of retaining stolen property -
difference between receiving and retaining stolen property - doctrine of recent
possession.
Criminal Law - sentencing - accused sentenced to 12 months imprisonment -
whether sentence excessive.
Bagonza Justine Vs. Uganda 1977 276

Criminal Law - receiving or retaining stolen property c/s. 298 of Penal Code -
prosecution must prove that property was stolen and that accused received it
knowing that it was stolen-charge of receiving stolen property cannot be established
where accused has offered an explanation which might be true.
Ojul Lameka Vs. Uganda 1977 272

Criminal Law - sentence - accused provoked by deceased - accused pushed
deceased in order to get rid of him - deceased fell down and died as a result -
accused convicted of assault occasioning bodily harm and sentenced to 9 months
imprisonment - whether sentence severe.
Uganda Vs. Mua s/o Ojoa 1977 335

Manslaughter
Ugadna Vs. Wage 1977 335

Manslaughter
Uganda Vs. Mondia Felice 1977 336

Manslaughter
Uganda Vs. Malingumu Falasiko alias Kadingidi 1977 336

Manslaughter
Uganda Vs. Muheirwe Penina Betty 1977 337

Young Offender
Page 196
Lwanga Yusufu Vs. Uganda 1977 280
Criminal Law - sentencing - accused defiled two young girls aged 12 and 7 years
respectively - accused sentenced to 1 year imprisonment on each count - sentence
to run consecutively - whether sentence excessive.
Uganda Vs. Ochwo Nathan Henry 1977 267

Criminal Law - theft c/s. 252 Penal Code - order for return of money subject to offence
to accused after acquittal - whether proper.
Ndaa Rofino Vs. Uganda 1977 279

Criminal Law - theft by servant c/ss 252 and 258 of Penal Code - need to prove
fraudulent intent - employee took away company's property out of company premises
to private home without complying with necessary formalities - employee gave false
excuse that property was in bad mechanical condition and needed repair - whether
fraudulent intent established.
Uganda Vs. Okyo Posiyano & 6 others 1977 301

Criminal Law - trading without licence c/s. 22 of Trade (Licencing) Act 1969-accused
found at road block with cigarettes and fish without trading licence - mere possession
of cigarettes and fish is not an offence under Act - it is sale of regulated commodities
without licence which amounts to an offence under Act.
Uganda Vs. Batulibubi Patrick 1977 291
Criminal Law - obtaining goods by false pretences c/s 289 of Penal Code - accused
obtained goats by falsely pretending that he would pay for them - accused failed to
pay on demand - mere failure to pay on demand is not necessarily an intent to
defraud - failure to prove fraud left complaint with civil remedy based on contract.
Uganda Vs. Tinkasimire Yusitasi and Uganda Vs. Rwabwabya Laurensio 1978 9
Criminal Law - failure to plaster dwelling house contrary to Public Health Rules -
accused convicted for failing to plaster their houses with sand - whether conviction
proper.
Uganda Vs. Ochwo Yokoyakimu 1978 18

Criminal Law - disobedience c/s 110 of Penal Code - accused charged with disobeying
market master by not paying dues - whether could be convicted under s.110 of Penal
Code - to sustain conviction under s.110 of Penal code there must be a written law
which is disobeyed and that law must be referred to in the charge sheet.
Uganda Vs. Bazzanye Lubowa John 1978 19

Criminal Law - murder - malice aforethought - negative by provocation - accused
convicted of lesser offence of manslaughter c/s. 182 of Penal Code.
Uganda Vs. Ssenabulya Tadeo 1978 27

Criminal Law - murder - common intention - accused took part in the unlawful killing
of deceased - where the cumulative effect of the beating carried on by a group, in
furtherance of their common design, is likely to cause death, all participants are
responsible for the death that results.
Criminal Law - murder - malice aforethought - accused together with others took part
in thief beating resulting in death of victims - sticks used as weapons and beating
lasting only short time-whether malice aforethought established.
Page 197
Criminal law - murder - provocation - accused charged with murder - accused claimed
was provoked because his hen had been stolen - defence of provocation to be
confined to wrongful acts done to person and not to extend to wrongful acts done to
property.
Uganda Vs. Okello s/o Kamuleti 1978 4

Criminal Law - murder - diminished responsibility - for this defence to succeed there
must be appreciable causes which could induce abnormality of mind-burden lied on
accused to prove such abnormality of mind as to substantially impair his mental
capacity.
Criminal Law - murder - insanity - defence of insanity is available to accused it he is

suffering from disease of mind at commission of offence or if he is unable to know
what he is doing or to know that it is wrong.
Uganda Vs. Turwome Petero 1978 15

Criminal Law - murder - malice aforethought - death caused by pang - accused cut
deceased on neck several times - panga is dangerous season and neck is
volunerable part of human body.
Criminal Law - murder - provocation - accused teased and frustrated in his desire to
have sexual intercourse with deceased - deceased going around openly with
another man - accused became "spitefully angry" and attached deceased - loss of
self control.
Criminal Law - sentencing - manslaughter.
Uganda Vs. Abdu Guloba 1978 29

Criminal Law - murder - proof - circumstantial evidence - deceased last seen in
company of accused - injuries found on accused - no conviction can be based on
mere suspicion.
Guni Julius Vs. Uganda 1978 22
Criminal Law - sentencing - robbery c/ss 272 and 273 (1) (a) - accused imprisoned
for 2½ years and 6 strokes - orders for police supervision for 3 years and for payment
of compensation of shs. 500/= to complainant.
Uganda Vs. Simon Kaita 1978 24

Criminal Law - using a motor vehicle on a road in a dangerous mechanical condition
c/s 11591) & 5 (b) of the Traffic and Road Safety Act 1970 - vehicle indicators, light
and brake lights not in working order - report of a police inspector to be obtained
before brining a charge on these facts.
Criminal Law - sentence - driving a car in a dangerous mechanical condition c/s 115
(5) (b) of the Traffic and Road Safety Act - no minimum fine fixed for this offence -
section 115(5) (b) provides for only maximum and not minimum fine.
Uganda Vs. Ngobi & others 1978 56

Default Sentence.
Uganda Vs. Ojuri Justine 1978 56
Page 198
Default Sentence.
Uganda Vs. Tobi Maganda 1978 57

Manslaughter
Busingye Kenneth Vs. Uganda 1978 57

Robbery
Uganda Vs. Musoke John 1978 58

Selling Liquor without Licence.
Uganda Vs. Kisule Patrick 1978 59

Theft of cattle
Katuramu Edward, Tibamugeya Joseph & Rwabusari Gabriel Vs. Uganda 1978 13
Criminal Law - sentencing -appellants convicted of burglary and theft c/ss.281 and
252 of Penal Code - sentenced to 5 years imprisonment - whether sentence
excessive.
Uganda Vs. Mwonge Moses, Leonard Rwamakuba & Baliba David 1978 24
Criminal Law - sentencing - stealing from a vehicle c/ss 252 and 256© of the Penal
Code - fine of shs.120/= or 5 weeks imprisonment in default imposed - accused
pleaded guilty and first offender - property all recovered - whether sentence proper.
Criminal Law - stealing from a vehicle c/ss 252 and 256(c ) of Penal Code - ingredients
of offence.
Uganda Vs. Sedraki Sheik 1978 26

Criminal Law - using a motor vehicle on road in a dangerous mechanical condition
c/s 115(1) and (5) (b) of the Traffic and Road Safety Act - handbrake, one indicator
and speedometer ineffective - whether these particulars amount to dangerous
mechanical condition.
Uganda Vs. Nkutu Muhamadi 1978 81

Criminal Law - Adulterating intended for sale c/s 167 of Penal Code - accused poured
paraffin in a tin of cooking oil intended and used for cooking food - whether oil is an
article of food or drink - whether cooking oil in question was intended for sale vide
s.167.
Uganda Vs. Ali Makere 1978 68

Criminal Law - giving false information to a person employed in the public service,
c/s. 109 of the Penal Code - the offence is committed only if the person giving the
information knows or believes that information to be false and yet wants the public
officer to investigate it.
Uganda Vs. Rev.Fr. Paulo Kabishanga & Str. Veneranta Nyakato 1978 69
Criminal Law-Murder - compulsion - A2 charged with offence committed under threats
of death - whether criminally responsibility - person not criminally responsible for
offence committed under threats - s.16 Penal Code.
Page 199
Criminal Law - Murder - diminished responsibility s.188A Penal Code - burden lies on
accused to prove that he was suffering from abnormality of mind under s.188A of
Penal Code.
Criminal Law - Murder - insanity - Burden of proving insanity on balance of probabilities

lies on accused.
Criminal Law - murder - suicide pact s. 188B Penal Code - meaning of - it is

manslaughter not murder if death occurs as a result to suicide fact.
Odikiria Wildadi Vs. Uganda 1978 85

Criminal Law - mandatory orders for conviction of robbery c/ss. 272 and 273 (1) ( c)
of Penal Code - where person is convicted of robbery, corporal punishment under
s.274A of Penal Code, order for payment of compensation to complainant under s.272
(3) of Penal Code and order for period of police supervision after prison sentence
under s.206 of MCA are mandatory.
Criminal Law - robbery c/ss.272 and 273(1) (a) of Penal Code - accused stopped
complainant and grabbed money from his hands - months imprisonment - whether
offence of robbery committed.
Criminal Law - sentencing - accused convicted or theft from person -shs. 500/= stolen
and not recovered - accused sentenced to 21 months imprisonment - whether
sentence appropriate.
Uganda Vs. William Ekadeli s/o Moru 1978 77

Criminal Law - possession of Bhang or Indian Hemp without lawful excuse c/ss.65(1)
and 76(2) (c ) of Pharmacy and Drugs Act, 1970 - accused convicted under 76 (2) (c )-
accused 1st offender - whether conviction proper under s.76(2) ( c).
Criminal Law - Sentencing - accused convicted under s.76(2) ( c) accused 1st

Offender - sentence of 4 years imprisonment imposed - whether sentence harsh.
Uganda Vs. Deo Kule 1978 66

Criminal Law - murder - Insanity -provisions record or insanity - where insanity is
established - accused not guilty of murder by reason of insanity.
Uganda Vs. Abwin 1978 117

Default Sentence
Uganda Vs. Atoo 1978 117

Default Sentence
Uganda Vs. Ngobi 1978 118

Theft in a dwelling house.
Uganda Vs. Baguma 1978 118

Traffic Offence
Uganda Vs. Byaruhanga Alikanjeru 1978 82
Page 200
Criminal Law - sentence - conviction under s.115(1) of Traffic and Road Safety Act
1970 - shs. 1,000= stated in s.115 of Act is maximum and not minimum fine.
Criminal Law - using motor vehicle on road in a dangerous mechanical condition c/s.
115 (1) and 5 (b) of Traffic and Road Safety Act 1970, - particulars alleged were that
vehicle's rear parking lights and indicators were not working - whether amount to
dangerous mechanical condition.
Uganda Vs. Tom Elop 1978 126

Criminal Law - Animal Straying Act - accused charged with leaving goats to go
astray and causing malicious damage to food crops c/s.3(b) of Act - whether the Act
creates any offence - procedure to be followed when an animal has been seized -s.3
of the Act.
Uganda Vs. Ogwal Raimondo 1978 127

Criminal Law - illegal movements of cattle c/s.21(a) of Animal Diseases Act - s.21(a)
not offence creating provision but only empowers Minister to make rules creating
offence - offence created by S.I. 101/68 as amended by s.139/73.
Uganda Vs. Luboyera Sulaimani 1978 133

Criminal Law - criminal trespass - proof of offence u/s.286(a) - entry to be upon
property in possession - particulars not showing that property was in possession of
complainant or any other person - plea of guilty to such charge-trespass must be with
intent to intimidate and annoy.
Criminal Law - sentencing - default sentence - fine of shs.200 or default sentence of 2

months imprisonment imposed - whether default sentence illegal.
Uganda Vs. Wagabono Danson 1978 142

Criminal Law - disobeying lawful orders c/s 110 of Penal Code - accused persons
refused to grow cotton - whether accused committed - offence under s.110 of Penal
Code.
Uganda Vs. Omanga Lorencio and Others 1978 128
Criminal Law - disobeying orders of the chief c/sis. 41 and 43 of the Local
Administrations Act - accused persons refused clear the path despite several warnings-
charged with and convicted of disobeying orders of chief c/ss.41 and 43 of Local
Administrations Act,- whether committed any offence.
Uganda Vs. Otwale Joseph & Others 1978 129
Criminal Law - disobeying special orders c/ss.41 and 43 of the Local Administrations
Act - orders issued by chief for weeding cotton - whether this is a special order within
meaning of Act.
Criminal Law - sentencing - magistrate gave different sentences for some offence
without giving reasons therefore - it is always necessary for magistrate to give reasons
for his decisions as to sentence.
Kasule John Kiwanuka Vs. Uganda 1978 135

Criminal Law - elopement c/s.121A (1) Penal Code - ingredients of offence - A 2 found
at A1's home after few days of disappearance - whether offence of elopement
committed.
Page 201
Uganda Vs. Musoke John & Wabudi Stephen 1978 131
Criminal Law - failure to plant cotton c/s.110 of Penal Code - offence non-existent
u/s.110 of Penal Code - only Government policy to grow cotton.
Uganda Vs. No.441 PC Jomail Kisegerwa & No.86 74 PC Bukambi 1978 137
Criminal Law - Murder - common intention - deceased died from gun shot fired by one
of accused who were chasing deceased - Not clear who fired fotal shot - whether
doctrine of common intention applicable.
Uganda Vs. No.U A 233 87 Private Francis Kutosi 1978 139

Criminal Law - murder - malice aforethought - accused stabbed deceased with knife
several times on back - whether malice aforethought could be inferred from these
stab wounds.
Criminal Law - murder - self defence - deceased demanded payment from accused-
accused refused - deceased threatened to kill accused acting in self defence.
Criminal Law - Murder - provocation - threat to cause death by witchcraft by deceased

a renounced witchdoctor - witchdoctor known to be too tough one by accused -
whether threat to cause death amounted to legal provocation.
Matovu Saidi Vs. Uganda 1978 134

Criminal Law - Road Traffic - reckless driving c/ss.118(1) (a) and 138 (2) (b) of Traffic
and Road Safety Act, 1970, mere driving on right hand side dows not constitute
reckless driving.
Uganda Vs. Kasule Yosefu 1978 165

Default Sentence
Uganda Vs. Sebunya Siraje 1978 165

Default Sentence
Kahete Florence Vs. Uganda 1978 166

Making a document without authority
Uganda Vs. Sebi Lubowa 1978 166

Youthful offender
Uganda Vs. Twaha Kizito 1978 141

Criminal Law - stealing from vehicle c/s 256 (c ) of the Penal Code theft of sunbean
detached from motor vehicle - offence committed only where things stolen are being
conveved by or deposted in the vehicle and not things forming part of the vehicle.
Uganda Vs. Otema Joseph Okello 1978 130

Criminal Law - sentencing - youthful offender sentenced to a term of imprisonment -
under s.190 of Magistrates Court's Act, a youthful offender cannot be sentenced to
a term of imprisonment.
Lubowa Samuel Dick Vs. Uganda 1978 186

Criminal Law - forgery and uttering - ingredients or the offences.
Page 202
Mwabu Masaba Vs. Uganda 1978 187
Criminal Law - defilement - complainant's evidence need corroboration.
Criminal Law - sentencing - corporal punishment - corporal punishment not ordered

for male persons above 54 years - s.191 (2) (b) of MCA.
Munaku Stanley Vs. Uganda 1978 179

Criminal Law - murder - causation - deceased died as a result of the commutative
effect of two independent and separate assaults - in such cases the person inflicting
the first assault cannot in the absence of a common intention with the subsequent
assailants to cause the death of the deceased, be guilty of the murder of the deceased.
Criminal Law - murder - defence - defence of property - it is always a question of fact

in each case whether the degree of force used was in the circumstances, justifiable
or whether it was such as to amount to manslaughter only or so excessive as to
constitute murder.
Criminal Law - murder - malice afore-thought - where death is caused by beating with
sticks - use of big sticks on a vulnerable part of the body readily leads to the
inference of malice afore-thought - in the absence of satisfactory evidence as to the
size of the sticks used -malice afore-thought cannot be inferred.
Uganda Vs. Bwalale Jefula 1978 209

Default sentence
Uganda Vs. Ogwok Benon 1978 209

Stealing
Uganda Vs. Okeny s/o Menyologenya 1978 210

Stealing
Uganda Vs. Bagheni Yovani 1978 222

Criminal Law - contempt of court - for conviction to sustained under s.101(I) there must
be proximity between decision of court and taking or attempt to take the thing in
question.
Uganda Vs. Okwang George 1978 233

Criminal Law - doing grievous harm - accused hit complainant - complainant sustained
fracture of little finger - whether fracture of little finger amounts to grievous harm.
Criminal Law - sentence - accused aged 24 years hit complainant - complainant
sustained fracture of little finger - accused first offender - accused sentenced to 2
years imprisonment - whether sentence harsh and excessive.
Kebengi Didasi Vs. Uganda 1978 216

Criminal Law - murder - defences - provocation and self defence appellant attached
by deceased with piece of burning firewood appellant retaliated using a panga thinking
it was a stick - whether murder or manslaughter - in almost all cases, the element of
self defence generally does merge with that of provocation.
Uganda Vs. Desire D Bungamwizi 1978 227

Criminal Law - murder - intoxication - defence intoxication - accused told same
Page 203
witnesses to go and report him to police if they thought he had killed the deceased -
whether defence of intoxication available-intoxication could not avail as a defence
unless accused did not, by reason thereof, know that his act was wrong.
Uganda Vs. Baratonda Efulaimu 1978 225

Criminal Law - obtaining by false pretences - accused received money from
complainant promising to bring him goods - accused never brought nor returned money
whether committed offence under s.289 Penal Code - whether offence of theft
committed in circumstances - whether could be convicted of theft offence not
charged with.
Mbabali George William Vs. Uganda 1978 231

Criminal Law - possession of stolen property - constructive possession - control
necessary ingredient for constructive possession to exist and not mere manual
possession.
Criminal Law - sentencing - appellant - ingredients of offence.
Criminal Law - sentencing - appellant convicted of receiving or retaining stolen

property - appellant sentenced to 18 months imprisonment - whether sentence
lenient.
Uganda Vs. Bikwasizahi Mohamed 1978 220

Criminal Law - robbery - accused arrested in possession of property within hours of
robbery - property bulky - whether accused stole or received property.
Criminal Law - robbery - no evidence that accused was armed with deadly weapon -
injury sustained classified as harm - whether aggravated robbery committed.
Uganda Vs. Uma Federiko 1978 254

Default
Uganda Vs. Bamuhiga Christopher 1978 254

Manslaughter
Uganda Vs. Muzale James Kapere 1978 255

Manslaughter
Uganda Vs. Sekutuzi Andrea 1978 255

Manslaughter
Uganda Vs. Obonyo Charles 1978 256
School Breafing and theft.
Nsobya Karoli Vs. Uganda 1978 277

Criminal Law - motive - the prosecution in a criminal case need not prove the motive
an accused to commit an offence, unless declared to be an element of the offence -
s.9 (3) of the Penal Code - but court may consider the absence of motive.
Criminal Law - sentencing - administration poison with intent to harm c/s. 214 of Penal
Code - accused aged 22 years and employed by the complainant - a stiff sentence
called for in the circumstances for breach of trust.
Page 204
Uganda Vs. Kiggundu George William 1978 281
Criminal Law - murder - provocation - defence of provocation - for such defence to
avail to accused the act must have been done in heat of passion arising from loss of
self control.
Uganda Vs. Mwebesa 1978 275

Criminal Law - offence - house breaking c/s.281(1) or burglary c/s. 281 (1) or burglary
c/s.281 (2) Penal Code Act and theft c/s.252 Penal Code Act - each of these offences
is a separate offence in itself - there is no offence of housebreaking and theft or
burglary and theft.
Criminal Law - sentence - confirmation of sentence imposed by a magistrate's court -

power of the High Court u/s.167 of the Magistrates' Court Act - principles applicable
in exercising such supervisory power ss, 341 and 331 of the Criminal Procedure Code.
Criminal Law - sentence - factors to be taken into account when passing sentence.
Uganda Vs. Ojangole Raimondo & Ikedit Gaudensia 1978 263

Criminal Law - sentencing - accused aged 17 years sentenced to imprisonment -
sentence of imprisonment on him illegal and contrary to s.190(1) Magistrates' Courts
Act.
Criminal Law - sentencing - previous convictions - a mere statement of the previous

convictions of an accused from the prosecutor not to be accepted unless put to
accused and admitted by him.
Uganda Vs. Lwanga Charles 1978 264

Criminal Law - sentencing - compensation - compensation to accused u/s.280 MCA-
compensation under section only paid where prosecution is private and charge
frivolous and vexatious - what amounts to frivolous and vexatious - charge - felony can
be frivolous.
Kalule Abdul Vs. Uganda 1978 266

Criminal Law - attempts - meaning of and what constitutes an attempt - the alleged
act must be part of a series of acts leading to the commission of two offence - it is
immaterial that offender is by reason of circumstances unknown to him, incredible of
committing the offence.
Criminal Law - sentence - attempt to steal motor vehicle c/s.255A of the Penal Code-
offence is an misdemeanor punishable under s.24 of the Penal Code by a maximum
of 2 years' imprisonment - sentence of 4 years imprisonment illegal.
Uganda Vs. Eliba Charles 1978 273

Criminal Law - sentencing - factors to be taken into account when passing sentence.
Uganda Vs. Latim John s/o Otim 1978 324

Theft
Uganda Vs. Odeke Benedicto 1978 324

Threating violence
Page 205
Uganda Vs. Musoke Patric 1979 6
Criminal Law - burglary and theft - ingredients of offence.
Rwabitontoli s/o Bidabali & Kinyonyi Yowasi Vs. Uganda 1979 2

Criminal Law - illegal occupation and grazing in a forest reserve c/s.14(2) (a) (v) (I) of
Forests Act.
Criminal Procedure - charges - citing non-existent section in charge sheet - whether

fatal to conviction.
Uganda Vs. Egangu s/o Odeke 1979 26

Stealing
Uganda Vs. Hamu Bamanya 1979 42

Criminal Law - burglary and theft c/s.281(2) and s.252 of Penal Code - burglary can
only be committed at night - night - meaning of night - that interval between 6.30 p.m
and 6.30 a.m.
Criminal Law - sentencing - accused a first offender aged 18 years, and pleaded guilty
stolen property all recovered - sentence of two years imprisonment excessive in the
circumstances.
Uganda Vs. Ongera 1979 43

Criminal Law - sentencing - compensation - compensation order under s.273(3) Penal
Code must be expressed in monetary terms.
Criminal Law - sentencing - factors to be considered - in exercising its discretion in

sentencing the court should have regard to the prescribed maximum sentence - the
moral range of sentences for similar offences and the gravity of the offence.
Criminal Law - sentencing - restitution order under s.213 of the M.C.A. - whether it can
be made where property not recovered.
Criminal Law - sentencing - robbery c/ss.272 and 273 (1) (a) Penal Code -
considerations for determining the gravity of the offence of robbery.
Uganda Vs. Onyabo Stephen & 3 Others 1979 39

Criminal Law - going armed in public c/s.71 of the Penal Code - in determining whether
the offence is committed regard must be had of the distinction between "public place"
and "public" - Penal Code s.4 - definition and meaning of "public place" and "public".
Criminal Law - threatening violence c/s.76(a) of the Penal Code - when the offence is
committed - it must be shown that words were uttered or that at least there ware
gestures made that could clearly be interpreted as a threat.
Katama Yusufu & Kamulegeya Edward Vs. Uganda 1979 36

Criminal Law - receiving or retaining stolen property c/s. 298 (1) and receiving
property stolen outside Uganda c/s.301 of the Penal Code - distinction and application
of the two - the former applies where the offence is committed within Uganda and the
latter covers the same offences when committed outside Uganda.
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Criminal Law - receiving stolen property c/s.298)1) of the Penal Code of Uganda -
handling stolen property c/s. 327 of the Kenya Penal Code -whether the two offences
are the same.
Uganda Vs. Enyamu Marisilino 1979 64

Stealing
Uganda Vs. Omuko s/o Edeku 1979 64
Okware Augustiono Achodoto Vs. Uganda 1979 74

Criminal Law - defences - defence of home -duty of householder when attacked - there
is no duty on such person to escape - he is entitled to use all necessary force
to either repel such attack or arrest the attacker.
Criminal Law - defences - defence of person as opposed to defence of property -

defence of person is a long standing justification for the use of force - to justify use of
force in defense of property depends on whether the conduct complained of was
necessary and reasonable.
Criminal Law - murder c/s.183 P.C. - justification - death caused in circumstances

where accused was attacked at night by robbers - accused, outnumbered, thought
that the robbers were attacking the house in which he was - accused repelled the
attack and killed the deceased - whether the accused's conduct was justified in the
circumstances.
Ssemwogere James & Ngamize Emmanuel Vs. Uganda 1979 71

Criminal Law - murder - application of the doctrine of recent possession - appellants in
possession of property recently stolen - whether such possession is enough proof of
murder committed in the course of a robbery.
Criminal Law - murder - common intention - proof of common intention - murder

committed in course of a robbery - in such cases common intention proved if it is
shown that the death was a probable consequence of the prosecution of a common
unlawful purpose and that the accused was a member of the gang prosecuting the
common purpose.
No.441 P.C. Ismail Kisegerwa & No.8674 P.C. Bukombe Vs. Uganda 1979 81
Criminal Law - murder - defences - use of force in effecting arrest - effect of using
excessive force in effecting arrest - Principles applicable - S.18 Penal Code Act.
Criminal Law -parties -doctrine of common intention - when does common intention to
commit a crime arise - whether pre-arrangement to commit a crime is necessary -
s.22 Penal Code Act.
Kutosi Francis Vs. Uganda 1979 84
Criminal Law - murder - defences-provocation - when does legal provocation arises-
whether beatings and kicks can amount to provocation.
Komiwswa Charles Vs. Uganda 1979 86

Criminal Law - Robbery - involving the use or threatened use of deadly weapons
u/ss 272 and 273 (2) of the Penal Code - gun fired outside house before entry and
demand of property taken - whether the offence of capital robbery was established -
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what amounts to inference - what amounts to aggravated robbery - common intent
u/ss 21 and 22 of Penal Code Act - Role of assessors - Application of s.331(1) of
Criminal Procedure Code to other overwhelming evidence.
Uganda Vs. Kefa Jelala 1979 88

Criminal Law - Sentencing - default sentence - accused fine sh.50 or six months'
imprisonment - whether default sentence legal.
Uganda Vs. Kasibwebye Igwhabi 1979 103

Default sentence
Uganda Vs. Yosamu Male 1979 103

Default sentence
Sesawo s/o Kermesi Vs. Uganda 1979 122

Criminal Law - defences - intoxication - mss.13 (1) (a), 13(1) (b) and 15 (4) of Penal
Code - intoxication negative malice aforethought - test - is not whether there is
evidence to show that the accused was so drug that his mind was affected by
alcohol - but whether having regard to all the evidence, including that relating to
drinking it can safely be said beyond reasonable doubt that the accused had the
requisite intent at the material time.
Uganda Vs. Eboru s/o Emeu 1979 169

Criminal Law - assault occasioning actual bodily harm c/s. 228 Penal Code - need for
medical evidence to ascertain the nature of the harm.
Uganda Vs. Otim s/o Engodu 1980 2

Criminal Law - sentencing - factors to be considered before passing sentence -
whether the prevalence of theft warranted a sentence of 2 years imprisonment in view
of the fact that accused was a first offender, pleaded guilty and the pig stolen was
recovered.
Uganda Vs. Ibwokitai William 1980 3

Criminal Law - sentencing - previous convictions as a factor to be considered before
sentencing - details of alleged previous convictions should be recorded and put to the
accused to admit or deny.
Uganda Vs. Oyang Lawrence 1980 4

Criminal Law - adultery c/s 150 A Penal Code - proof of adultery - whether admission
of adultery by adulterous amounts to proof of guilty - against adulterer.
Kigenyi Haruna Vs. Uganda 1980 94

Criminal Law - demanding money with menaces with intent to steal c/s.279 of the
Penal Code - when established.
Uganda Vs. Augustine Byamugisha & Kabaleebe John 1980 98
Criminal Law - theft of cattle c/s. 252 of the Penal Code Act.
Uganda Vs. Adoi Lawrence and Silvia Atoo 1980 101

Criminal Law - elopement - meaning of the words "elopement" and "entice"-whether the
offence involves removing the spouse from covertures with the purpose of living in an
adulterous association.
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Criminal Law - elopement - s.121A - proper construction and meaning of the offence-
what constitutes the offence - whether s.121A (3) is superfluous or meaningless.
Criminal and Constitutional Law - elopement 0 interpretation - whether the offence is

ultra vires the constitution (Art. 15 (8) ) for "not being defined" - principles of
interpreting the Penal Code Act - where words not defined.
Uganda Vs. Kakooza Joseph 1980 100

Criminal Law - obtaining money by false pretences -requirement of false representation
made by accused to complainant - where it is complainant who approaches the
accused and they then agree on the transaction, the offence is not committed.
Uganda Vs. Sabuni Dusman 1981 1

Criminal Law - defences - Alibi - duty of prosecution to negative an alibi - where court
is left in doubt as to whether alibi true or untrue benefit of doubt must be given to
accused.
Uganda Vs. Bambeijo & Anor 1981 4

Criminal Law - Elopement - "elopement" implies running away with - usually form
some kind of home".
Criminal Law - Elopement - Essential ingredients of the offence - the accused persons
must have eloped with each other.
Uganda Vs. Kassim Musa Obura & Anor 1981 9

Criminal Law - murder c/s.183 of the Penal Code - what the prosecution must prove to
establish murder.
Uganda Vs. Zaverio Kalisa 1981 15

Criminal Law - receiving property knowing or having reason to believe the same to have
been feloniously stolen c/s. 298(1) of the Penal Code - ingredients of the offence.
Uganda Vs. Byamukama Peter 1981 16

Criminal Law - parties to offences - accused voluntarily and purposely present
witnessing the commission of robbery and offered no opposition to it - did not actually
participate in the robbery but evidence of common intention for unlawful purpose -
whether accused guilty of the offence of robbery c/ss.21 and 22 of the Penal Code Act.
Criminal Law - Robbery with violence c/ss.272 and 273 (2) of the Penal Code -
gun alleged to have been used in a robbery - no evidence that it was fired - whether a
deadly weapon.
Uganda Vs. Musoke James Richard Kaweke 1981 12
Criminal Law - Robbery with violence c/ss.272 and 273 (2) of the Penal Code -
ingredients of the offence - Duty of prosecution to prove deadly nature of the weapon.
Uganda Vs. Oringo Paulo & Anor 1982 9
Criminal Law - elopement c/ss.121A (1) and 121A (2) of the Penal Code Act-it is
irrelevant who entices or allures the other - doctrine of stare docisis as applied in High
Court.
Uganda Vs. Ndaula Boniface & Another 1982 96
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Criminal Law - adultery - compensation - when order for compensation should be
made under s.150A of the Penal Code Act (Cap.106) to aggrieved party - complainant
need not be present on day of judgment where he has given evidence that he is
aggrieved.
Uganda Vs. Sengendo Alozio & Another 1982 74

Criminal Law - Assault with intent to rob c/s 274(1) of the Penal Code Act (Cap.106) -
elements of offence- of offence - prosecution has to prove assault and that there was
something intended to be stolen.
Criminal Law - common intention - u/s 22 of the Penal Code Act (Cap.106) where
two accused set out to commit an offence and an assault committed by the other
are equally liable for the assault.
Uganda Vs. Kasisi Leuben 1982 91

Criminal Law - causation - causing death - death of another under s.189 of Penal Code
Act (cap.106).
Criminal Law - murder - weapon - where weapon used to assault deceased not
exhibited and cause of injuries not disclosed by medical evidence cannot be inferred
that accused had mens rea.
Uganda Vs. Hussein Doka 1982 89

Criminal Law - common intention - proof - direct and circumstantial evidence from
which to infer that accused set out with others to commit crime essential - mere
presence at scene of crime at material time without active participation not enough.
Criminal Law - murder proof - death caused by shooting - direct and circumstantial
evidence that bullet which fatally wounded deceased released by accused essential.
Uganda Vs. No.39 TC Lochoro 1982 80

Criminal Law - defences - intoxication - defence not available to accused where his
conduct incompatible with conduct of person insane from intoxication.
Criminal Law - threatening violence - intention to intimidate - accused's intention to

intimidate may be gathered from his utterances, conduct, and surrounding
circumstances.
Criminal Law - threatening violence - threat - pointing gun at someone followed by

words "I will kill you if you come near" constitute threat within meaning of s.76(a) of
Penal Code Act (Cap.106) - immaterial that gun unloaded and cannot fire.
Nsimbe Edward Lule Vs. Uganda 1982 77

Criminal Law - demanding money with menaces c/s 179 of the Penal Code.
Criminal Law - unlawful confinement c/s 240 of the Penal Code - unlawful arrest and
detention made by police on orders of a private person - police legally responsible for
actions.
Criminal Law - theft c/s 252 of the Penal Code.
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Uganda Vs. Nakazibwe Clemensia 1982 76
Criminal Law - Elopement - aggrieved party - aggrieved party to show that actions of
accused aggrieved him - not for court to assume that party aggrieved under s.121A
(1) of the Penal Code Act.
Uganda Vs. Yowana Batisit Kabandize 1982 93

Criminal Law - murder-accident - defence not available to an accused who after
quarrelling with deceased leaves him and collect weapon which he brings concealed
and uses on deceased.
Criminal Law - murder - malice aforethought - established where accused deliberately

sets out to cause death of the deceased by going for a lethal weapon bringing it
concealed, and stabbing sensitive parts of deceased.
Criminal Law - murder - provocation - defence not available to accused where threat to
his family uttered by deceased 2 days before killing deceased and where ample time
within which accused could report to police and cool temper down - heat of passion
required under s.188 of Penal Code Act (Cap.106).
Uganda Vs. Doka Hussein 1982 89

Criminal Law - common intention - proof - direct and circumstantial evidence from
which to infer that accused set out with others to commit crime essential - mere
presence at scene of crime at material time without active participation not enough.
Criminal Law - murder - proof - death caused by shooting - direct and circumstantial
evidence that bullet which fatally wounded deceased released by accused essential.
Uganda Vs. Kasisi Leuben 1982 91

Criminal Law - causation - causing death - with person deemed to have caused death
of another under s.189 of Penal Code Act (Cap.106).
Criminal Law - murder - weapon - where weapon used to assault deceased not
exhibited and cause of injuries not disclosed by medical evidence cannot be inferred
that accused had mens rea.
Uganda Vs. Angello Musese & Another 1982 72

Criminal Law - parties to offences - aiding and abetting -murder committed by accused
aidor and abettor of murder under s.21(1) (c ) of Penal Code Act (Cap.106) - common
intention not proved on accused's part.
Uganda Vs. Ejabu Charles & Another 1982 82

Criminal Law - robbery - proof - fact that none of stolen property found with accused
soon after robberu fact in favour of accused.
Lubinga Kusain Lukoda Vs. Uganda 1983 6

Criminal Law - aggravated robbery c/ss 272 & 273 (2) Penal Code.
Criminal Law - murder c/s 183 Penal Code.
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Criminal Law - recent possession of stolen property - accused found in possession of
stolen motor vehicle - presumption that accused stole vehicle - [possibility that
accused received stolen property must be excluded.
Uganda Vs. Juma Stubi 1983 14

Criminal Law - cÿÿmon assaulÿÿc/s 227 ÿÿ Penal Code.
Criminal Law - causing grievous harm c/s 212 of Penal Code - self - defence - use of
excessive force.
Uganda Vs. Kayemba Francis 1983 25

Criminal Law - defences - alibi - prosecution disprove alibi as - accused who puts
forward alibi does not assume burden of proving it.
Uganda Vs. Kadiri Matovu & Anor 1983 27

Criminal Law - defences - superior orders - only lawful orders of superiors to be obeyed
by interior officers - servant not liable if commits crime in obedience to lawful order of
master.
Criminal Law - kidnapping with intent to murder - essential ingredients - intent that
victim should be murdered an essential ingredient to constitute offence u/s 235(1) (a)
of Penal Code Act (Cap.106) and must be proved and not presumed.
Criminal Law - kidnapping with intent to murder - nature of offence - s.235 of Penal
Code Act (Cap.106) creates 2 offences of kidnapping and abduction and words "takes
way" or "detains" do not create any offence - definition of kidnapping- when kidnapping
complete.
Kizza Franswa Vs. Uganda 1983 12

Criminal Law - grievous harm - loss of eye - loss of tooth does not amount to grievous
harm, but loss of eye does under s.212 of Penal Code Act (Cap.106).
Uganda Vs. Kakooza John & Kayizi Fred 1983 19

Criminal Law - kidnapping with intent to murder c/s235(1) (a) Penal Code Act - burden
of proof - common intention - Penal Code Act s.22 - conspiracy - motive.
Criminal Law - kidnapping with intent to murder c/s 235 (1) (a) Penal Code Act -
superior orders - duress - junior officers bound to obey only lawful orders of superiors-
reasonableness of policemen - chain of commend - police bound to obey orders of
army during regime of murder and terror.
Uganda Vs. Kadiri Matovu and Another 1983 27

Criminal Law - defences - superior orders - only lawful orders of superiors to be obeyed
by inferior officers - servant not liable if commits crime in obedience to lawful order of
master.
Criminal Law - kidnapping with intent to murder - essential ingredients - intent that
victim should be murdered an essential ingredients - intent that victim should be
murdered an essential ingredient to constitute offence u/s 235(1)(a) of Penal Code Act
(Cap.106) and must be proved and not presumed.
Page 212
Criminal Law - kidnapping with intent to murder - nature of offence - s.235 of Penal
Code Act (Cap.106) creates 2 offences of kidnapping and abduction and words "takes
away" or "detains" do not create any offence - definition of kidnapping - when
kidnapping complete.
Kimeze Grace & Anor Vs. Uganda 1983 9

Criminal Law - kidnapping with intent to murder - section creating offence - inter-
pretation - s.235 Penal Code Act (cap.106).
Uganda Vs. Bitambe James 1983 17

Criminal Law - obtaining goods by false pretence c/s 289 of Penal Code - a future
representation or promise cannot amount to false pretence - person charged with
obtaining property by false pretence may be convicted of theft although not charged
with it - Magistrates' Courts Act 1970, s.151.
Criminal Law - theft c/s 252 of Penal Code - definition of theft -theft includes
conversion of property - Penal Code, s.245 - person charge with obtaining property by
false pretence may be convicted of theft although not charged with it - Magistrates'
Courts Act, 1970.
Uganda Vs. Kakooza Firimingio 1984 1

Criminal Law - aggravated robbery c/ss 272 and 273 (2) of the Penal Code Act (Cap.
106) - firing of gun at scene of crime makes it aggravated.
Uganda Vs. Okello Nicholas 1984 22

Criminal Law - attempted defilement - victim must be under 14 years of age.
Criminal Law - attempted rape - consent - lack of woman's consent must be proved.
Uganda Vs. Kanyankole Robert 1984 23

Criminal Law - murder - malice aforethought - deadly weapon - although malice
aforethought could readily flow from nature of injuries inflicted, type of weapon used
and vulnerable part of body on which used, deadly weapon held by drunken man not
necessarily to import malice aforethought.
Criminal Law - murder - intoxication - where accused drinks quarrels over a trifle
matter and kills without a motive it is unsafe to convict him of murder.
Criminal Law - murder - provocation - accused in drunken state can be so provoked

that behaves in irrational manner and to unproportional degree - defence available to
him.
Uganda Vs. Kyarikunda Jackson 1984 15

Criminal Law - kidnapping with intent to murder d- defences - obedience to lawful
orders - defence not available where order unlawful as where arrest affected on orders
of a military authority and taken purportedly for detention in a military establishment as
this contravened s.11(1) of Armed Forces (Powers of Arrest) Decree No.13 of 1971.
Criminal Law kidnapping with intent to murder - forcibly taking away - where victims
arrested by accused a member of army and state research bureau accompanied by
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two intelligence men and made to sit between them on back seat while accused
drives car, amounts to forcibly taking away.
Criminal Law - kidnapping with intent to murder - intent to murder - intent established
where accused member of army, state research Bureau and generally known that
atrocities committed during Amin's regime - events subsequent to seizure and fate of
persons or victims subsequent to event also relevant.
Uganda Vs. Sebbi Azhari Abdu 1984 5

Criminal Law - kidnapping with intent to murder - forcibly taking away - where arrest
unlawful, forcible and conducted by military intelligence men armed with guns amounts
to forcibly taking away.
Criminal Law - kidnapping with intent to murder - intent to murder - intent established
where victims arrested infront of Senior Military Officer who does not endeavour to
protect or assist them and orders them to be taken to Nakasero State Research
Bureau - court took judicial notice of notoriety of activities of State Research Bureau
in that many of those taken there were never seen again - discourteous and
unnecessarily harsh treatment of victims families also evidence of intent.
Uganda Vs. Wakhasa Solomon & 2 Others 1984 29

Criminal Law - murder - common intention - where accused set out with funs and
sticks to beat deceased and accused dies - common intention established.
Criminal Law - murder - defences - resisting arrest - where accused has no warrant
of arrest and no reason given for the arrest - accused not protected by s.18 of Penal
Code Act (Cap.106).
Criminal Law - murder - malice aforethought - malice aforethought established where

accused inflict beatings knowing such beatings will result in death of person being
beaten.
Uganda Vs. Asiimwe Jofrey & Another 1984 9

Criminal Law - murder - recent possession - where accused found in possession of
property proved to have been very recently stolen from deceased and all circumstances
of case point to no other reasonable conclusion, accused guilty of murder.
Uganda Vs. Berebera Bernard & 2 Others 1985 15

Criminal Law - aggravated robbery - deadly weapon - where robbers possess but do
not use or threaten to use deadly weapon case not aggravated robbery but simple
robbery.
Lubega Bernado Vs. Uganda 1985 9

Criminal Law - attempted theft - bonafide claim of right - person who takes property
which he believers to be his own does not take it fraudulently however unfounded his
claim.
Criminal Law - forgery - acquittal - where accused acquitted of uttering false document
cannot be convicted of forgery.
Uganda Vs. Nasani Manoko & Ors. 1985 16
Page 214
Criminal Law - grievous harm - violent assault - where accused violently assaults
victim resulting into loss of 8 teeth such violent assault amounts to grievous harm as
amounts to permanent disfigurent of victim - some people in Uganda regard their teeth
as very precious and such loss has undesirable permanent ugly features bringing it
within meaning of s.4 of Penal Code Act (Cap.106).
Uganda Vs. Constantine Zake 1985 18

Criminal Law - murder - defence of property - whether degree of force used justifiable
depends on circumstances of particular case - defence not available where force
unjustifiably excessive.
Criminal Law - murder - malice aforethought - where accused terns up for settlement
of land dispute with deceased armed with spear which he hides and spears
deceased armed with spear which he hides and spears deceased, malice aforethought
established.
Criminal Law - murder - provocation - encroachment on land-encroachment on land by

fencing even where land sensitive issue and people have great attachment to land
not provocation likely to deprive ordinary person of power of self-control where killing
not done in heart of passion.
Uganda Vs. Barikunda s/o Rwebanda 1985 12

Criminal Law - murder - intoxication - intention established where even though accused
and deceased drank together for some hours, accused knew what was taking place
especially where motive established - murderous flows more readily in case where
deadly weapon used and motive established and deceased stabbed into sensitive
parts of stomach.
Criminal Law - murder - provocation - where no evidence of words uttered which

amount to legal provocation and no evidence of where accused lost self control defense
not available to accused.
Criminal Law - murder - self-defense - defense not applicable where no reasonable

grounds to believe accused in imminent danger of death or grievous bodily harm and
where accused the attacker.
Criminal Law - murder - self-defence - where deceased attacked in own home by

accused cannot be said to have forfeited maximum protection for his rights to life and
physical integrity - accused not be availed defence when not attacked on home ground.
Uganda Vs. Musana Augustine & 2 Others 1985 20

Criminal Law - murder - malice aforethought - malice aforethought established where
deceased removed from police custody and taken to lake resort where shot in fore -
head and ribs with rifle, and left adrift in cancer.
Criminal Law - parties to offences - accomplice - where driver of motor vehicle ordered
to drive accused to scene of came where deceased shot and killed in his presence not
rendered accomplice as neither aides or acquisees in what is going on due to fear,
shock and surprise.
Page 215
Uganda Vs. Settumba Sam Mutebi 1986 13
Criminal Law - forgery - forged document - more possession not enough to justify
conviction forgery separate fact in issue to be proved.
Birikadde Muhamed Senyomo Haji Vs. Uganda 1986 6

Criminal Law - kidnapping with intent to cause a person to be secretly and wrongfully
confined - elements of the offence.
Bihinganwa Geresomu Vs. Uganda 1986 1

Criminal Law - murder-aggravated robbery - where attackers neither threaten assault
nor use deadly weapon robbery simple robbery.
Kayemba Charles Vs. Uganda 1986 9

Criminal Law - murder - circumstantial evidence - where ample circumstantial
evidence to justify conviction of accused alibi of accused to be rejected.
Uganda Vs. Opio Richard 1986 19

Criminal Law Rape - consent - lack of woman's consent - to be provide - canal
knowledge must be proved.
Uganda Vs. Lumbuye Busein 1986 31

Criminal Law - store docisis - conflicting decision - magistrate may base decision on
any of the conflicting decisions binding on him.
Byamugisha Muhamed Vs. Uganda 1987 4

Criminal Law - aggravated robbery contrary to ss.272 and 273 (1) (b) - distinction -
consist of requirement of deadly weapon in robbery.
Criminal Law - aggravated Robbery - threats to use deadly weapon - to constitute

threats words need not be uttered threats can be inferred from conduct.
Criminal Law - aggravated robbery - compensation - an accused convicted of robbery

to pay compensation u/s272 (3) of Penal Code Act.
Okabo Joel Vs. Uganda 1987 10

Criminal Law - murder - provocation - where defence of provocation cannot be ruled out
wrong to convict accused of murder - conviction to be manslaughter.
Bitwire Charles Benon Vs. Uganda 1987 11

Criminal Law - motive - proof by prosecution - no legal requirement to prove motive - in
a weak case absence of motive to be considered in accused's favour.
Kayumba Charles Vs. Uganda 1987 1

Criminal Law - murder - defence of drunkness - matters court has to consider - Court
to consider whether prosecution has proved that accused was not too drunk to form
intention to kill - accused need not proved he was too drunk to appreciate nature of
his act.
Barungi Ignatius Vs. Uganda 1988-90 68

Criminal Law - abuse of office - essential ingredients - act complained of should be
prejudicial to right to another.
Page 216
Criminal Law - abuse of office - right and benefit contrasted - right must be recognized
and protected by law - benefit confers no right.
Criminal Law - defences - court should keep in mind defence put up by accused
failure to do so to vitiate conviction.
Nakakawa Robinah Vs. Uganda 1988-90 76

Criminal Law - appeals - notice of appeal and memorandum of appeal - both to be
signed - failure to sign them renders appeal invalid.
Uganda Vs. Kahitira 1988-90 30

Criminal Law - burden of proof - the burden of proof always hinges on the prosecution
except in a few exceptional cases.
Baguma Reuben Vs. Uganda 1988-90 33

Criminal Law - capital offences - bail court considers the length of time the accused
has been on remand when giving bail.
Uganda Vs. Rwambarali & Another 1988-90 34

Criminal Law - capital offences - bail - advanced age of applicant to be taken into
consideration when granting bail in capital offences where accused already committed
for trial.
Uganda Vs. Balinda Yonasani 1988-90 35

Criminal Law - kidnap with intent to murder - ingredients - the victim of kidnap must
have been forcefully seized.
Criminal Law - kidnap with intent to murder - ingredients - victim must have been
intended to meet his death.
Uganda Vs. Katusabe 1988-90 59

Criminal Law - defences - alibi - where prosecution evidence puts accused squarely at
scene of crime at material time amounts to proof reasonable doubt and destroys alibi.
Criminal Law - murder - malice aforethought - where accused takes alcohol uses stick
and troubled before accident doubtful whether specific intention to kill formed.
Uganda Vs. Ndosire Sowedi 1988-90 46

Criminal Law - murder - ingredients of offence - malice aforethought to be established
Criminal Law - defences - provocation - accused must have acted in the heat of
passion.
Criminal Law - defences - self-defence - accused must have shown willingness to

temporise or disengage.
Uganda Vs. Matayo Anzima 1988-90 55

Criminal Law - defences - self-defence - for defence to succeed must be reasonable
necessity for the killing or honest belief of imminent danger.
Page 217
Criminal Law - defences - provocation - provocation to be of such nature as to make
one lose his power of self - control.
Uganda Vs. Mutahanzo Yosamu 1988-90 44
Criminal Law - murder - ingredients of offence - malice aforethought - accused must
have killed with malice aforethought.
Criminal Law - defenes - self-defence - self defence can only be pleaded where the
accused believed he was in imminent danger of death.
Uganda Vs. Muwanga Paulo 1988-90 14

Criminal Law - motive - no requirement to prove motive in criminal cases.
Tinkamalirwe Godfrey & Kalisa Richard Rev. Vs. Uganda 1988-90 5

Criminal Law - kidnapping - elements - element is forcible seizure and taking away of a
person against his or her will - where victim grabbed and taken away after a struggle
kidnapping established.
Criminal Law - kidnapping with intent to murder - contemporaneous intent that victim
be murdered or put in danger of being murdered to be established u/s 235(1) (a) -
where victim not heard of for 6 months more intent presumed - where sub s.(2) does
not apply intent to be proved and where not proved offence not established.
Criminal Law - motive - relevance - motive irrelevant but useful as that makes it more
likely that accused person did in fact commit offence charged.
Kyagulanyi Abudu Vs. Uganda 1988-90 16

Criminal Law - receiving or retaining stolen property - guilty knowledge - guilty
knowledge to be proved to sustain charge.
Uganda Vs. Sebugazi Yusufu & Others 1988-90 18

Criminal Law - murder - aiding and abetting - proof - mere knowledge or concealment
insufficient to constitute crime - conscious participation and knowledge of facts of
offence necessary.
Criminal Law - offences - diminished responsibility - ingredient of defence.
Criminal Law - murder - malice aforethought - can be found in nature of weapons used
and part of body weapon applied.
Criminal Law - murder - motive - presence of one helps case but proof of it not a legal
requirement.
Uganda Vs. Ndosire Sowedi 1988-90 46

Criminal Law - murder - ingredients of offence - malice aforethought to be established.
Criminal Law - defences - provocation - accused must have acted in the heat of passion.
Criminal Law - defences - self-defence - accused must have shown willingness to

temporise or disengage.
Page 218
Criminal Law - defences - alibi - where prosecution evidence puts accused squarely at
scene of crime at material time amounts to proof beyond reasonable doubt and
destroys alibi.
Criminal Law - murder - malice aforethought - where accused takes alcohol uses stick
and troubled before incident doubtful whether specific intention to kill formed.
Uganda Vs. Milton Twikireze 1988-90 37

Criminal Law - murder - self defence - accused must believe on reasonable grounds
that in imminent danger of death - where so believes entitled to use lethal weapon to
repel attack.
Nabasumba Specioza Vs. Uganda 1988-90 65

Criminal Law - receiving stolen property - guilty knowledge - where no irresistible
inference to be drawn as to guilty knowledge and several possible hypotheses to
explain refusal to keep property - accused not guilty.
Uganda Vs. Sarapio Tinkamalirwe & Others 1988-90 32

Criminal Law - kidnapping - the offence of kidnapping is complete when the accused
is seized and forcefully taken away.
Criminal Law - aggravated robbery - violence must be done or threatened on the

victim to constitute robbery.
Oporocha Stephen Vs. Uganda 1991 8

Criminal Law - aiding a prisoner to escape - non - appearance of prisoner in court of
law - necessary where prisoner had not appeared before court of law to prove that his
arrest and subsequent detention lawful.
Uganda Vs. Olet Charles 1991 13

Criminal Law - elopement - offence is elopement with a married person and must be so
charge.
Byekwaso Mayanja Sebalijja Vs. Uganda 1991 15

Criminal Law - defences claim of right - an honest claim of right is a lawful excuse to
offences of malicious damage.
Uganda Vs. Sekajolo Muhamedi 1991 22

Criminal Law - attempts - ingredients of offence - the offence is committed when one
puts his intention into execution.
Uganda Vs. Omiya Charles 1991 36

Criminal Law - defences - where a person is compelled to a criminal act on threats of
death or harm, he is not criminally liable.
Uganda Vs. Kiiza & Anor 1991 37

Criminal Law - murder -malice aforethought - malice aforethought can be established
from the nature of weapon used and on the part of the body it is used on.
Hussein Abdi Hassan Vs. Uganda 1991 38

Criminal Law - defaming a foreign dignatory - c/s 51 Penal Code Act - whether spoken
words can constitute the offence.
Page 219
Okello Aldo Vs. Uganda 1991 42
Criminal Law - Bail - treason - bail may be granted in capital offences on consideration
of the applicant's advanced age.
Criminal Law - treason - bail may be granted in capital offences on consideration of
the applicant's advanced age.
Uganda Vs. R.S. Kiberu 1991 28

Criminal Law - embezzlement - elements of offence.
Uganda Vs. Paddy William Pampara 1991 16

Criminal Law - grievous harm - meaning of s.4 Penal Code Act Cap.105.
Uganda Vs. Rwanyakiro Robert 1991 30

Criminal Law - murder - defences - accident - where no direct evidence that accused
pulled trigger evidence of ballistic expert to prove that murder weapon in good
mechanical condition before and after alleged shooting essential - evidence of extent
of internal injuries also essential to show whether or not deceased shot at close range
or not.
Criminal Law - murder - malice aforethought - where evidence to prove malice

aforethought insufficient mere evidence of use of deadly weapon against vulnerable
part of body not sufficient to establish malice aforethought.
Uganda Vs. Posiano Mugisha & Another 1991 25

Criminal Law - murder - proof.
Uganda Vs. Odwong Dennis & Olanya Dickson 1992-93 70

Criminal Law - aggravated robbery - ingredients - offence not proved if any one of the
ingredients not proved.
Criminal Law - rape - ingredients - proof of slight penetration sufficient to prove the
ingredient of penetration.
Uganda Vs. Mawa Stephen alias Matua 1992-93 65

Criminal Law - aggravated robbery - ingredients of offence.
Uganda Vs. Mohamed Tembo & 2 Others 1992-93 78

Criminal Law - alibi - proof - accused person does not have to prove the defence.
Criminal Law - assault occasioning actual bodily harm - question of fact for court to
decide.
Criminal Law - murder - cause of death -proof of cause of death required.
Criminal Procedure - murder - cause of death - no proof that death was caused by
injuries inflicted by accused - no conviction for murder or manslaughter.

Criminal Law - collective responsibility - common intention - intention to be inferred
from circumstances of case.
Page 220
Criminal Law - murder - malice aforethought - can be found in nature of weapon used
and part of body weapon applied.
Criminal Law - murder - proof - cause of death - necessary ingredients - it must be

unlawful killing.
Binuge Amos & Others Vs. Uganda 1992-93 29

Criminal Law - criminal liability - common intention.
Lt. Mike Ocit Vs. Uganda 1992-93 19

Criminal Law - murder - defence of alibi - time of disclosure by accused.
Criminal Law - evidence of arrest - a trial court is entitled to know the circumstances
surrounding the arrest of an accused person - single identifying eye witness - court
must satisfy itself before convicting an accused that in all the circumstances it is safe
to convict on such evidence - defence of alibi time of disclosure by the accused.
Ocoke Francis Vs. Uganda 1992-93 43

Criminal Law - criminal liability - negligence - must amount to disregard for life and
safety for others.
Criminal Law - defences - accident - accident different from involuntary conduct -

involuntary conduct - act done without control of mind or will - accident - unforeseen
consequences of a conscious act.
Criminal Law - manslaughter - negligence - reckless disregard of human life points to

high degree of negligence.
Criminal Law - manslaughter - proof - post mortem alone not sufficient proof in absence
of other evidence.
Criminal Law - murder - malice aforethought - inference from part of body injury inflicted
restricted to cases of homicide where stick used.
Criminal Law - murder - malice aforethought - need for malice aforethought to be

established.
Uganda Vs. Akaku Charles 1992-93 49

Criminal Law - grievous harm - ingredients - whether loss of a tooth amounts to grievous
bodily harm.
Balinda Yonasani Vs. Uganda 1992-93 31

Criminal Law - kidnap with intent to murder - ingredients - whether intent to murder
can be implied from disappearance of the victim.
Uganda Vs. Oketh Manuel 1992-93 63

Criminal Law - murder.
Criminal Law - recent possession - recentness depends on nature of property stolen
Page 221
and lapse of time - whether a bicycle recovered one year and four months after the
crime is recent possession.
Ndosire Sowedo Vs. Uganda 1992-93 27

Criminal Law - murder - defences - defence of provocation - conditions to be satisfied
for defence of provocation to stand.
Uganda Vs. John Ochieng 1992-93 80
Criminal Law - murder - malice aforethought - how it is established.

Criminal Law - murder - malice aforethought - not to be inferred in homicide resulting
from traffic accident merely because deceased was crushed in ribs by motor vehicle.
Rujumba Joseph Vs. Uganda 1992-93 36

Criminal Law - murder - mens rea - intent to cause grievous harm no longer constitutes
an element in establishing malice aforethought.
Uganda Vs. Okello Bosco alias Anyanya 1992-93 68

Criminal Law - murder - proof - ingredients of the offence - to be proved beyond
reasonable doubt.
Kayondo Henry vs. Uganda 1992-93 41

Criminal Law - unlawful and prejudicial retaining of an official document - letters -
whether letters official documents within the meaning of the Official Secrets Act.
Uganda Vs. Kankiriho James & Bateta Annette alias Pegi 1994-95 43
Criminal Law - theft, parties to the offence - punishment - whether accused committed
the offence.
Uganda Vs. Okot Zake 1994-95 42

Criminal Law - indecent assault - ingredients - offence not proved if indecency of the
assault on the female is not proved.
Uganda Vs. Asiimwe Abakari 1994-95 30

Criminal Law - murder - ingredients of the offence of murder by drowning.
Uganda Vs. Kyambalango Fraseal 1994-95 32

Criminal Law - Rape - Burden of proving rape - all ingredients to be proved beyond
reasonable doubt - prosecution must prove that there was carnal knowledge of a
woman by the accused without her consent.
Criminal Law-Evidence - proof of documents.
Uganda Vs. Byakagaba Nicholas & Bahemuka Robert 1994-95 34

Criminal Law - Burden of proof - when is a prima facie case established.
Uganda Vs. Khan Akbar 1994-95 41

Criminal Law - fraudulent pretence of marriage - all ingredients to be proved before
convict.
Isiko Henry alias Kalidi Vs. Uganda 1994-95 6
Page 222
Criminal Law - deference between the offence of theft and obtaining money by false
pretence.
Namanda Esau Vs. Uganda 1994-95 9

Criminal Law - perjury - burden of proof required to prove the offence.
Uganda Vs. Mulengera Stephen 1994-95 28

Criminal Law - defilement - ingredients of the offence.
Uganda Vs. Semanda Polly 1994-95 23

Criminal Law - aggravated robbery - ingredients - offence not proved if one of the
ingredients not proved.
Uganda Vs. Semenda Patrick 1994-95 24

Criminal Law - aggravated robbery - ingredients - offence not proved if one of the
ingredients not proved
Uganda Vs. Otti Sebastiano 1994-95 21

Criminal Law - murder - proof of death - death can be proved by cogent evidence in
absence of medical evidence.
Criminal Law - homicide - excusable homicide when cause is self defence - court to
look at surrounding circumstances of the case to establish malice aforethought.
Mubiru Charles & Wasswa Vs. Uganda 1994-95 46

Criminal Law - obtaining money by false pretences - ingredients of the offence - intent
to defraud must be proved.
Uganda Vs. Kiiza John 1994-95 19

Criminal Law - defilement - slightest penetration sufficient to sustain a conviction in
sexual offences - consent of girlfriend no defence.
Uganda Vs. Gayira Francis, Tomusange Haruna 1994-95 16

Criminal Law - murder - malice aforethought to be inferred from circumstances
surrounding commission of the offence.
Criminal Law - common intention - no need to prove agreement or fact to commit

offence - whether necessary to examine the participation of each accused in the
commission of offence.
Criminal Law - murder - cause of death - whether death resulted from injuries inflicted
on deceased by accused - whether evidence of assault can lead to conviction of
offence of assault on a murder charge.
Uganda Vs. Mwebe Ganafa, Kasule Emmanuel, & Ganafa Veronica 1994-95 14
Criminal Law - murder - cause of death - whether prosecution had proved that accused
caused death beyond reasonable doubt - common assault - conviction of a lesser
offence.
Uganda Vs. Izongoza William 1996 38
Page 223
Criminal Law - grievous bodily harm - not necessary to establish weapon that inflicted
the harm.
Criminal Law - Robbary - ingredients of the offence - all elements must be proved.
Kashiki Grace Vs. Uganda 1996 24

Criminal Law - failing to prevent fire from spreading - ingredients of the offence -
whether offence is strict liability - s.31(c) Penal Code Act.
Criminal Law - statutory interpretation of the "mischief" rule - penal provisions to be
given a strict interpretation.
Uganda Vs. Ntambazi Godfrey & Mulindwa Akim 1996 29

Criminal Law - aggravated robbery - ingredients of the offence - s.273(2) of Penal Code
Act Cap.106 - meaning of deadly weapon.
Uganda Vs. Senyomo Kegezi Yusufu 1996 37

Criminal Law - aggravated robbery - all the ingredient of the offence must be proved.
Criminal Law - meaning of aggravated robbery.
Kakooza Micheal Vs. Uganda 1996 23

Criminal Law - plea of guilty - accused only to be convicted when facts narrated are in
unison with the offence charged.
Sebufu Eza Vs. Uganda 1996 21

Criminal Law - duty of the first appellate court to evaluate evidence.
Criminal Law - sentencing - court to pass mandatory sentence as provided in sec.257

and 259 of the Penal Code Act.
Uganda Vs. Mubiru Aramanzani 1996 35

Criminal Law - ingredients of murder - malice aforethought must be proved.
Uganda Vs. Oringi Photo 1996 32

Criminal Law - defilement - ingredients of the offence.
Uganda Vs. Manish Pattni 1996 19

Criminal Law - embezzlement - ingredients when property already entered in the
company/corporation's till.
Kataryeba Zakary & 3 Others Vs. Uganda 1996 16

Criminal Law - inter meddling with deceased's estate - whether proved beyond
reasonable doubt.
Criminal Law - retrial - considerations.
Rubarema Godfrey Vs. Uganda 1997 4

Criminal Law - malicious damages to property -c/s312 Penal Code Act.
Uganda Vs. Ahimbisibwe Leonard Alias Kanyampaka. 1997 6

Criminal Law - defilement - ingredients of the offence of defilement.
Page 224
Criminal Law - evidence - corroboration - evidence not oath, of a complainant of
tender years needs corroboration - evidence of a tender years cannot provide
corroboration.
Criminal Procedure - defilement - degree of evidence - proof penetration of the female

sexual organ.
Criminal Law - defences - alibi and grudge.

Uganda Vs. Baturine Richard 1997 8
Criminal Law - defilement - ingredients of the offence of defilement.
Criminal Law - evidence - corroboration - unsworn evidence of a complainant of tender

years in a sexual offence requires corroboration.
Naama Coffee Factory Ltd Vs. Uganda 1997 16

Criminal Law - charge sheet - charge sheet defective for duplicity and failure to cite
law.
Mukombe Moses Bulo Vs. Uganda 1998-200 1

Criminal Law - kidnap with intent to murder - ingredients of the offence - taking away
by force or fraud with intent to murder victim.
Criminal Law - kidnap with intent to murder - intent to murder - presumption of intent
to murder - intent to murder presumed where victims not seen or heard of within
a period of six months - onus on accused to rebut presumption.
Criminal Law - kidnap with intent to murder necessary for prosecution to prove intent
to murder unless there is a presumption of intent to murder under s.235 (2) Penal
Code Act.
Criminal Law - kidnapping from lawful guardianship - creation of the offence is under
both sections 234 Penal Code and not under s.232 of the Penal Code Act.
Criminal Law - sentencing - mitigating factors - motive - only good motive is a

mitigating factor.
Mushikoma Watete Alias Wakhoka Peter & 3 Others Vs. Uganda 1998-200 7
Criminal Law - defence - alibi - meaning of alibi - accused asserting he was at a
different place at time the offence was committed.
Criminal Law - defences - alibi - accused required to put forward alibi at the trial in
order for it to be consideration as a defence.
Criminal Law - accomplices - when witness said to be an accomplice - onus on

prosecution to negative alibi.
CRIMINAL PROCEDURE
DPP Vs. S.Musoke, J.Butime & G.W Matovu 1974 26
Criminal Procedure and Practice-application for adjournment of case by prosecutor
because of incomplete inquiries -refusal of application by trial magistrate-
Page 225
prosecutor's statement that he had instructions from the D.P.P. to apply for
adjournment or to withdraw the charges on refusal of the application -refusal by
trial magistrate to have charges withdrawn-acquittal of accused under s.125 of the
Magistrates' Courts Act, 1970-DPP's powers, s.119 of the Magistrates' Courts Act-
legality of the acquittal of the accused.
Uganda Vs. Abdala Sabani 1974 280

Criminal Procedure -plea of guilty-outline facts by prosecution to be put to the
accused before conviction is entered, immature age-s.14 of Penal Code- evidence
necessary to show that child of the apparent age of 12 years had and intent to
commit the offence must be evidence from which trial magistrate can infer that at
time of commission of offence the child knew that what he was doing was wrong
and should not have it, u/s 122 of the Magistrates' Court Act of 1970-s.5(2) of the
Reformatory School Act.
Uganda Vs. A. Serumaga & Another 1973 181

Criminal Procedure -accused persons aged 16 and 15 years convicted and sent
to Reformatory School-s.190(1) of the Magistrates' Courts Act and s.5(1) of the
Reformatory Schools Act-whether order committing accused to Reformatory
School legal.
Uganda Vs. Kasant Ntalo 1973 139

Criminal Procedure -accused convicted and sentenced -trial magistrate trying to
effect reconciliation after passing sentence-magistrate functus officio.
Muyodi David Wakonyi Vs. Uganda 1973 158

Criminal Procedure-theft of car-disposal of car after acquittal or accused -ss.212 of
the Magistrate's Courts Act, 1970.
Kayemba Muhamad Vs. Uganda 1971 230

Loss of case file in appeal proceedings.
Mabuzi Leo Vs. Uganda 1974 81

Evidence -accomplice - whether evidence of accomplice required corroboration-
nature of corroboration required-circumstances which corroboration was not
required-section 131 of the Evidence Act.
In the matter of Bail Application & in the matter of Jinja Criminal Case 1974 201
Criminal Procedure -Military Police Powers of Arrest Decree -whether period spent
in Military Police custody should count as a period of remand-defective affidavit-
whether affidavit containing facts known to applicant but sworn to by his counsel
was defective.
Kawes Mikidadi Vs. The Attorney General 1974 93

Tort-arrest of person attempting to escape - man shot by policeman - arrest by
warrant-whether government liable - Proceedings against the Government
(Protection) Decree 1972-Government Proceedings Act Cap.69 S.4(5)-Police Act
Cap.312 S.26(B) (c ) - Criminal Procedure Code S.15-whether excessive force
used to prevent arrest - injury to neck and shoulder- assessment of general
damages.
Page 226
In the matter of Bail application and in the matter of Mbarara Criminal Case 1974 252
Criminal Procedure - bail application -power of court to reduce sum imposed -
Magistrates' Court Act, s.74(2) (b) -whether application could be re-opened.
DPP Vs. Bakyamwisaki 1974 7

Criminal Procedure -application by DPP for leave to appeal out of time-no notice of
appeal filed-whether "good cause" shown -s.326(6) of the Criminal Procedure Code.
Uganda Vs. Fimbo Kolenerio Mohamad 1974 6

Criminal Procedure and Practice-being in possession of uncustomed goods
c/s 146(d) (iii) of the E.A. Customs & Transfer Tax Management Act 1970-Order
to destroy valuable goods which could be sold-whether such order proper.
Uganda Vs. Hamu Ntineki 1974 7

Criminal Procedure -citing wrong section in charge sheet-whether conviction vitiated.
Uganda Vs. Isaka Byaruhanga 1974 8

Criminal Procedure-accused charged with attempted theft of a motor vehicle
c/ss 255A and 370 of the Penal Code-whether charge correctly laid-adult witnesses
giving unsworn evidence-s.99 of the Magistrate's Courts Act 1970-whether
conviction grounded on unsworn testimony.
Uganda Vs. Laulensio Ndyanabo 1974 168

Cheating -charge must disclose fraudulent trick or device employed by accused-
s.291 of the Penal Code-vicarious criminal liability -principle does not apply unless
particular law says so-whether father (accused0 liable for offence committed by son.
Uganda Vs. Gezaro Kana & Anor 1974 194

Criminal law-Adultery c/s 150A(1) and (2) of the Penal Code-defective charge
sheet -ss.86(d) and 41(4) of M.C.A., 1970-plea of guilty-whether plea equivocal.
Uganda Vs. Babula Yozefu 1974 112

Criminal Procedure-charges-whether the charge disclosed an offence-assault on a
public officer in lawful execution of duties c/s 230(d) of the Penal Code-plea -
whether unequivocal.
Uganda Vs. Alberto Wodo 1974 197

Criminal law-failure to pay Graduated Tax c/s 69(3) of the Local Administrations
Act, 1967-framing of charges -duplicity-tax due-s.69(7) - framing of charges -
equivocal -effect of lawful excuse.
State per Kampala City Council Vs. Sirasi Kawooya & Others 1974 165
proceedings-s.74 Local Administration Act, 1967-two distinct offences-particulars-
defective-duplicity.

and Price of Goods Act & Statutory Instrument No.21/72 and Decree No.1/72,
Page 227
Scope of Distribution and Price of Goods Act-S.I. No.21/72. Trading without
licence c/s7 and 27(1) of Trade Licensing Act, 1969-butchers -whether regulated
by Trade licensing Act, 1967 or Public Health Act.
Uganda Vs. S. Kagimu 1974 111

Criminal Procedure-charges-charge laid under repealed section whether defective-
selling goods beyond maximum price-Distribution and Price of Goods Act-
Distribution and Prices of Goods Act (Amendment) Decree, 1972.
Uganda Vs. Ali Matovu 1974 113

Selling goods beyond the maximum price contrary to s.6 of the Distribution and
Price of Goods Act, 1964-charge sheet defective -omission of penalty section in
charge sheet -s.7 of the Distribution and Price of Goods Act (Amendment) Decree,
1972-forfeiture of scales, weighting stones and money-meaning of forfeiture of
"the goods in respect of which the offence of which accused convicted was
committed"-forfeiture of buyer's money where buyer not convicted-s.7(2) of the
Distribution and Price of Goods Act (Amendment) Decree 1972.
Uganda Vs. Sospateri Sonko & 6 others 1974 115

Criminal law-failure to uproot or destroy cotton plants c/ss 13 and 14 of the Cotton
Act and S.1 Nos. 24, 25 and 26 of 1973-whether offence committed on the last
day for completion of up-rooting or destruction-criminal Procedure -misjoinder of
parties-accused jointly charged in offence involving individual liability.
Ssezi Musoke & anor Vs. Uganda 1974 139

Criminal Procedure -application to withdraw charge on instructions of DPP s.119
Magistrates' Courts Act-form of instructions to withdraw-meaning of application to
withdraw -duty of court when such instructions are given-powers of D.P.P over
Criminal Proceedings-Art. 71 of the Construction-functions of court and D.P.P.
distinguished.
Uganda Vs. Edirisa Mpandemu 1974 169

Costs-payment to person acquitted of offence-whether order for payment can made
where charge is withdrawn and accused discharged -Magistrates' Courts Act,
ss.119(a) and 207(1)(b)-compensation-whether court can order payment where
charge withdrawn and accused is discharged- Magistrates Court Act, ss.119(a)
and 208.
Mwanja Sabani Vs. Uganda 1974 84

Sentence-compensation-Robbery c/ss 272 and 273(1) (a) of Penal Code Act-
section 209(1) of the Magistrate's Courts Act-whether compensation awarded
under section 272(3) of the Penal Code was limited by section 209(1) of the
Uganda Vs. Abdala Mugenyi 1974 86

Charge of stealing from a dwelling house c/s 252 and 256(b) of Penal Code -
charge withdrawn before trial-Magistrate ordered money recovered from the
accused to be paid to complainant-order based on accused's statement to the police.
Page 228
Uganda Vs. Karasa 1974 86
Conviction for theft c/s 252 of Penal Code - accused cautioned but ordered to pay
Shs.42 for property stolen-section 209(1) Magistrates' Courts Act-whether order
proper-whether complainant had suffered material loss-whether award of sub-
stantial compensation could have been recovered by Civil Suit.
Kiwanuka James Vs. Uganda 1974 4

Criminal Procedure-Criminal Appeal-appeal struck out-whether it could be reinstated.

Complaint by a mother of a child-against a boy-friend alleged to be the father of the
child-complaint to be made under section 85(3) of the Criminal Procedure Code-
section repealed by Decree No.26 of 1971-applicant prosecuted for failure to
maintain a child purported to be his magistrate made interim order against him-
order and order proper -whether proceedings should not have been under the
Mabonga John Vs. Republic 1974 80

Murder-provocation -whether quarrels over cattle could constitute provocation-
duty to trial judge to consider all defences available from the evidence adduced.
Nasulu Yakani Vs. Uganda 1974 142

Criminal Procedure -Evidence-admissibility of extra-judicial statements-policeman
interviewing accused for some considerable time before taking them to magistrate
to make statements-policeman telling magistrate what the investigations had
disclosed-policeman used as interpreter-whether statements voluntary and
admissible in evidence-Evidence Act, s.24(2). Circumstantial Evidence-murder
case partly based on statements of accused and partly based on circumstantial
evidence-statements held inadmissible-medical evidence not supporting case-
deceased last seen in company of accused and an unknown person - whether
circumstantial evidence sufficient to prove accused committed the offence-Trial on
Indictments Decree, s.71(1).
Uganda Vs. Edward Obbo 1974 92

Criminal law-contempt of court c/s 101(1) of the Penal Code -plea of guilty before
same magistrate-whether procedure proper-alteration of court record after passing
sentence-whether proper -functus officio.
Uganda Vs. Gabriel Matte 1974 177

Criminal Procedure -defence of insanity-admission of insanity by prosecution under
s.64 of Trial on Indictments Decree-whether proper for the prosecution to do so-
proper procedure to be adopted under s.44 of T.I.D.-whether accused could be
detained as a criminal lunatic if his mental condition had become normal.
Uganda Vs. Alfred Ateu 1974 179

Criminal Procedure -No case to answer-principles upon which such submission
may be upheld.
Kadiri Kyanju & Ors Vs. Uganda 1974 215

Criminal Procedure -submission of no case to answer-content of ruling on such
submission-whether court may assess the weight and make findings on the
Page 229
evidence -whether judge may accept prosecution case before hearing the defence-
whether burden of proof shifted to the accused-retrial -whether proper to order
retrial in this case.

1969-plea of guilty -whether qualification of plea for leniency makes plea equivocal-
change of plea of guilty-whether sentence-whether court functus officio-meaning
of "conviction"-Magistrates' Courts Act, 1970, ss.122(2) and 131(1).

Traffic-exceeding the prescribed speed limit c/ss 127(1) and 138 (2) (d) of the
Traffic and Road Safety Act 1970-plea of guilty-equivocal - sentence-illegal -
"special reasons" - considerations to be taken into account.
Uganda Vs. Debula Nalule 1974 147

Criminal Procedure - manslaughter-cause of death by beating -sentence-accused
cautioned and bound over to be of good behaviour for a period of one year.
Uganda Vs. Solomon Odaba & anor 1974 229

Sentence-accused convicted on 3 counts and sentenced to be bound over -
whether sentence proper-s.203 M.C.A., Criminal Procedure - plea -procedure
where more than one accused was involved in the case.
Uganda Vs. Cheratich Peter 1974 91

Criminal Procedure-plea-whether equivocal-whether cured by statement of facts-
assault occasioning actual bodily harm c/s 228 of Penal Code -default sentence-
section 192(d) of Magistrates' Courts Act, 1970.
Batala Kyegante Vs. Uganda 1974 219

Evidence-Postmortem Report-report admitted without formal proof -whether
properly admitted-bodies completely decomposed -whether possible to establish
cause of death-practice by police of suggesting cause of death on post-mortem
form -whether desirable-what post-mortem report should contain-exculpatory
statement by accused incriminating co-accused-whether it could be considered
against co-accused-hostile witness-whether evidence given before witness is
declared hostile could be relied upon-rationale and effect of treating a witness
hostile.
Uganda Vs. Isumaria Ikullo 1974 85

Private prosecution for common assault c/s 227 of the Penal Code - no written
complaint and magistrate failed to record an oral one-sections 41(1)(3) and 4
Magistrates' Courts Act-charge headed "Uganda Vs. Isumaria … -charge defective
in particulars-duty of court in respect of charges-sentence in default of fine report
on injuries without calling maker-whether proper.
Uganda Vs. Oduru 1974 174

Criminal law-threating violence c/s 76(a) of the Penal Code-whether the offence
misdemeanour or felony-whether accused and complainant could reconcile under
section 156 of Magistrates' Court Act-procedure when reconciliation promoted.
Page 230
Uganda Vs. Igira s/o Loguma 1974 281
Criminal Procedure-restoration of proper-whether order of restorering property to
owner or his representative was mandatory as provided by s.213(1) of the
Magistrates' Courts Act, where the stolen property was not recoverd or found.
Khemis Lomwodo Vs. Buganda 1974 281

Criminal Procedure-sentence-Distribution and Price of Goods Act (Amendment)
Decree No.1 of 1972-whether sentence of imprisonment mandatory-section 189(2)
of M.C.A.

Witchcraft Act-being in possession of Articles used in witchcraft contrary to s.5
of the Witchcraft Act-sentence of life imprisonment under s.189(1) and s.160 of
the Magistrates' Courts Act, 1970.
Uganda Vs. Muhammad Ssozi 1975 8

Criminal Procedure -a repealed Statutory Instrument which had been replaced by
another cited in statement of offence-whether that vitiated the trial.

Sentence-Robbery c/ss. 272 & 273(1) of the Penal Code -order of compensation
for a fixed sum-whether a large sum could be paid to complainant as
compensation -restoration of property to complaint-whether order for compensation
or restoration could be executed where accused expressed to appeal.
Arajab Mafwabi & 5 Others Vs. Bugisu District Administration 1975 51

dameges definition of unlawful assembly ss.61& 62 of the Penal Code -definition of
cognisable offence s.2 of the Criminal Procedure Code.
Uganda Vs. Haji Zedi Semugoya & Christopher Ouma 1975 30

Criminal Procedure-application for revisional order under section 341(1) (b) of the
Criminal Procedure Code-2 counts held to be barred as per doctrine of "antrefois
acquit" -whether doctrine applicable -section 87 of Magistrates' Courts Act, 1970
whether acceptable of a plea of "antrefois acquit" was an acquittal-whether an
application under section 341 of Criminal Procedure Code against it -whether such
application barred by section 216 of Magistrates' Courts Act-whether an acquittal
of theft or conspiracy to commit theft of similar commodity at the same place
gave rise to a defence of "antrefois acquit" against similar offences committed
before at the same place in respect of similar commodity -what to consider when
a plea of "antrefois acquit" was raised.
Uganda Vs. D. Nzandema & Others 1975 34

Criminal Procedure -being possession of suspected stolen property c/s.299 of the
Penal Code Act-exercise of police powers s.20 of the Criminal Procedure Code-
procedure to be followed-whether police officer must have reasonable grounds for
basis of suspicion-evidence-whether grounds of suspicion must be part of
evidence whether there was need for arresting police officer to give evidence before
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conviction - whether prosecutor must narrate circumstances of arrest when
arresting police officer did not testify-purpose for the procedure-plea of guilty-
procedure and practice to be followed before plea was entered.
Kabakerehe Bernard Elly & Others Vs. Uganda 1975 80

Criminal Procedure -bail-release on bail-refusal of application -whether where Chief
Magistrate in same magisterial area could direct release of accused on subsequent
application -meaning of "(other than a Chief Magistrate)" s.74 (2) (a) of the
Magistrates' Courts Act, 1970 -meaning of "at any state in the proceedings"-s.74
(1) M.C.A. -appeal to the High Court s.75 (3) M.C.A.
Uganda Vs. Nsamba Katende 1975 70

Criminal Procedure-power to court to youthful offender to be sent to reformatory
school s.5(1) of the Reformatory Schools Act-meaning of youthful offender s.2 of
the Act -need for trial court to conduct inquiry and ascertain age of accused before
making order -s.8(1) of the Act-sentence-whether sentencing youthful offender to
imprisonment first was a condition precedent to an order sending him to reformatory
school s.5(1) of the Act -Law Reform -conflict of laws s.5(1) of the Reformatory Act.

Criminal Law - robbery with Aggravation c/ss 272 and 273 (2) of the Penal Code-
threat to use deadly weapon-what threat amounted to capital robbery-evidence-
identification by single witness-need for existence of conditions favouring correct
identification before acting on it-identification parade-necessity to comply with
rules of practice-corroboration -whether lies by an accused could amount to
corroboration - Criminal Procedure -preliminary hearing s.64 of Trial on Indictments
Decree-what evidence might be agreed upon.
Mutoro Robert Vs. Uganda 1975 63

Criminal Procedure-causing bodily injury by careless use of a motor vehicle ss.117
& 189(2) (b) of the Traffic and Road Safety Act, 1970 - record not showing whether
prosecution witnesses sworn though showing that defense witnesses sworn-
affidavit sworn by trial chief magistrate and filed to show evidence sworn and that
omission made inadvertently-whether prosecution witnesses sworn-whether
swearing and filing of affidavit proper procedure-whether omission affected merits
of case -power of appellate court to call for and receive from lower court report on
matters connected with appeal s.334(5) of the criminal procedure Code-exercise
of power-evidence-preference of prosecution's evidence to defence's evidence -
whether trial court believed prosecution evidence first and then tested strength of
appellant's evidence-sentence-mandatory minimum fine and minimum period of
cancellation of driving permit ss.138(2) (b) and 65 (1) (a) of the Traffic and Road
Safety Act, 1970.
Uganda Vs. John Kalumba 1975 111

Criminal Law - being idle and disorderly s.162(1) (d) of the Penal Code - facts did
not disclose any offence-accused failed to perform to the expectation of his
audience-whether this constituted conduct likely to cause a breach of the peace
within the meaning of section 162(1) (d) of the Penal Code.

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accused.
Uganda Vs. Livingstone Lumu 1975 132

Criminal Procedure-murder ss.183 of the Penal Code-indictment contrary to ss.
272 and 273 (2) of the Penal Code Act-refused of adjournment under s.51 of T.I.D.-
whether court could proceed on available evidence admitted under s.64 of the
Trial on Indictment Decree.

Criminal Law and Procedure-accused charged with murder-remanded for 575 days-
s.74A(1) (a) M.C.A., 1970 - duty of Court-provisions of Trial on Indictments Decree
1971-whether applicable to magistrates court.
Uganda Vs. John Nsubuga 1975 131

Criminal Law-charge of murder s.183 of the Code Act-procedure-death occurring on
date different from when assault was inflicted-whether charge that the offence was
committed on date earlier than when death occurred was defective - assault-s.186(b)
of the Penal Code-whether malice aforethought could be inferred.
Kabano Samson & Anor Vs. Uganda. 1975 130

Criminal Procedure -jurisdiction-Economic Crimes Tribunal Decree, 1975, s.3-
whether the High Court and other courts had jurisdiction to hear appeals in offences
covered by the Decree but decided by lower courts before Decree came into force-
stealing by servant ss.252 & 258 of the Penal Code -offence falling within Decree-
ss.3 and 8(1).
Page 233
Uganda Va. Kankuratire John 1975 134
Criminal Law-murder s.183 of the Penal Code -s.11 of the Penal Code -presumption
of sanity -s.12 of the Penal Code-insanity-burden of proof - disease of the mind-
meaning - medical evidence as to the accused's mental state prejudicial to
accused-whether proper to admit it at preliminary hearing -medical evidence-
whether necessary to prove insanity -s.188A of the Penal Code - diminished
responsibility -burden of proof-accused's behaviour consistent with intention to kill
or due to sudden and gross provocation-lack of evidence to establish malice
aforethought-proper course to take.
Uganda Vs. Nzabanita Philip & Anor 1975 45

Criminal Law - being possession of Immature Fish ss.35(b) and 41 of the Fish and
Crocodiles Act-immature fish within the meaning of section 3 of the Act and
S.I. 228-3 procedure - no evidence laid to show the fish were immature within the
meaning of s.3 of the Act before recording plea from accused-sentence-
commitment of an offender to imprisonment in default of payment of fine straight-
way without giving him time to pay the fine-section 193(2) of M.C.A., 1970 -
illegality of such commitment.

Penal Code-whether possession unlawful where they were acquired lawfully-s.126
of the Magistrates' Court Act-whether presence of defence witnesses could be
dispensed with-procedure-service of witness summons.

Tort-unlawful arrest-false imprisonment - assault - malicious prosecution - by the


award of costs-s.207(1)(f) of the M.C.A., 1970-whether proper-Articles 1 and 71 of
the Constitution - whether capable of superceding other laws-affect of Legal Notice
No.1 of 1971, (Proclamation) -s.207(1) (f) of the M.C.A., 1970, whether inconsistent
with Article 71 of the Constitution - procedure followed by D.P.P.-whether proper-
s.207(4) of the M.C.A.., 1970 - s.341(1) (a) of the C.P.C.-whether applicable.
Uganda Vs. Mary Kaddu 1975 175
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Criminal Procedure -conviction for selling Goods at more than the maximum price
ss.6(a) and 7 of the Distribution and Price of Goods Act Sentence of a fine and
suspension of Trading Licence Imposed-Charge Sheet referred to Statutory
Instrument No.21 of 1971 (which was not concerned with Matches) instead of
Statutory Instrument No.38 of 1974 - whether a revisonal order was necessary.
Uganda Vs. Abdu Kayima 1975 178

Criminal Procedure-conviction of over-charging Goods ss.6,7 and 19 of the
Distribution and Price of Goods Act-failure to mention in the Charge Sheet the
regulations made under the Act sentence to a fine - whether imprisonment was
mandatory.
Uganda Vs. Mugabi Everist 1975 179

Criminal Procedure-conviction for hoarding 300 cases of beer ss.1(1) and 2 (1) (c )
of the Prevention of Hoarding Decree, 1974-sentence of a fine of shs.9,000/= of 12
months imprisonment in default-whether Magistrate Grade 1 had jurisdiction to
impose the fine-whether business of the accused was properly described.
Criminal Procedure-defence-duty of accused-accused to inform court if represented

by counsel and seek adjournment if counsel absent - accused's duty to inform
counsel of hearing date.
Criminal Procedure - appeals -first appellant court to consider conflicting evidence

and draw own inferences - allowance to be given for not having seen or heard
witnesses.
Uganda Vs. Haji Abas Mugerwa & Abdul Gami Moheedin 1975 219
Criminal Procedure -Bail - Factors to be considered - Magistrates' Courts Act, 1970,
s.75(2) to be taken into account-duty of court to cause accused likely to abscond
to be arrested and committed to prison or take further recognisance.
Criminal Procedure - sureties - duties of sureties- duty of surety to secure

attendance of accused in court and to report matter if accused about to leave
jurisdiction of court-forfeiture of recognisance where no good cause shown where
accused's attendance not secured.
Uganda Vs. Kintu Patrick & Ors 1975 233

Criminal Procedure - indictments - joinder of persons-committal proceedings -
accused persons jointly charged but co-accused's case withdrawn and accused
discharged under wrong order-whether irregular discharge of co-accused renders
subsequent committal proceedings of other accused illegal and bad in law -
magistrates' Courts Act, 1970 (Parts XV and XIII) and Trial on Indictments Decree
(Decree 26/71) Part III - D.P.P. empowered to withdraw any proceeding and such
withdraw would not affect proceedings of other accused.
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Criminal Procedure - withdraw of prosecution-powers of D.P.P. - D.P.P. can
withdraw any proceedings before judgment -power conferred by Art. 71(2) (c)
Constitution-D.P.P could authorise withdraw but such power once authorised
cannot be delegated.
Criminal Procedure - withdraw of prosecution-Magistrates' - Courts - Magistrates'

Courts Act, 1970, s.119-section applicable to trial before a magistrate but not those
not triable by Magistrates' Court.
Uganda Vs. Ugelle, Anylitho, Olwor & Jakeranga 1975 218

Criminal Procedure -jurisdiction - Magistrates' Court - offences related to prohibited,
restricted and uncustomed goods under E.A. Customs and Transfer Tax
Management Act (Cap.27) Proceedings triable in subordinate court first class -
Grade II Magistrate has no jurisdiction.

Criminal Procedure -plea of not guilty-when accused denies one of ingredients
offence and agrees with facts, court to enter plea of not guilty.
Criminal Procedure -sentence-young offenders-detention-imprisonment not to be

imposed on young offender-magistrate's Courts Act, 190 - order only made where
no other appropriate order available - recommendations for probation not to be
departed from except with good cause.
Uganda Vs. Michael Pariyo 1975 241

Criminal Procedure -pleas - plea of guilty - change of plea-procedure - need to read
and explain charge before accused's change of plea.
Uganda Vs. Salverio Byaruhanga 1975 256

Criminal Procedure-charge sheet-officer preferring charge ought to sign it.
Uganda Vs. George Mayanja and Yowana Ssengendo 1975 264

Criminal Procedure-pleas -plea of guilty - accused charged with failure to pay
graduated tax without lawful excuse-accused not admitting had no "Lawful excuse"-
charge sheet properly drawn - proper pleas of guilty since accused not prejudiced
by omission.
Uganda Vs. Kabali 1975 236

Criminal Procedure -second appeals-finding of facts by two courts below not to be
upset when findings supported by evidence.
Uganda Vs. Aganatio Byabasaija 1975 255

Criminal Procedure-charges-charge citing "Health Rural Areas" - Legislation non-
existent-charge disclosed no offence-conviction bad in law.
Uganda Vs. Borespeyo Mpaya 1975 245

Criminal Procedure-charges-technical defect in statement of offence-particulars
citing forest "Rules" instead of "Act" - - error not material to merit of case nor
occasioning miscarriage of justice within s.341 of Criminal Procedure Code-
irregularity curable under proviso to s.331 of Act- charge merely defective not a nulity.
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Criminal Procedure-defective charge-particulars so defective and disclosing no
cause of action-Magistrate of justice occasional.
Uganda Vs. Etema Mustapha 1975 253

Criminal Procedure -jurisdiction-extraterritorial jurisdiction -offence-committed
outside Uganda by Ugandan National - whether triable by Ugandan courts- no
legislation conferring jurisdiction over extraterritorial acts-Uganda courts conferred
with unlimited municipal jurisdiction-constitution of the Republic of Uganda, 1967,
Art.83(1) and Magistrates' Courts Act, 1970, s.30.
Uganda Vs. Muhoozi 1975 254

Criminal Procedure - Sentence-default sentence for non-payment of a fine of
shs.20-Magistrates' Courts Act. 1970, s.192(d)-maximum of 7 days - default
sentence of one month illegal
Criminal Procedure-sentence-penalty for non-payment of graduated tax s.69(3) of

the Local Administrations Act, 19670no statutory provision for an order to pay tax
in arrears upon conviction.
Uganda Vs. Fred Sentongo 1975 258

Criminal Procedure-power of police officer to detain and search persons-Criminal
Procedure Code s.20-whether such power exercised when police officer re-arrests
suspect-whether accused so re-arrested can be convicted under Penal Code Act,
s.299.
Criminal Procedure-Sentence-Young offender - Detention - Magistrate not

empowered to sentence to imprisonment young offender under age of 18 years-
Magistrate's Court act,s.191(1) - whether magistrate competent to pass final order
for detention of young offender to Reformatory school for period exceeding
maximum prison sentence for offence-Magistrates' Court Act, s.190(4).
Byansi L. & Babalanda L Vs. Busoga District Local Administration 1975 288
Criminal Procedure - Arrest without warrant-Chief empowered to arrest on suspicion
of cognisable offence having been committed - Askari - Police Officer for purposes
of arrest empowered to arrest.
Criminal Procedure -Bail-cash bail unrecoverable if conditions not satisfies.
Uganda Vs. Simon Wako & 3 others 1975 275

Criminal Procedure-exhibits - failure to produce during committal proceedings-
exhibits mentioned in summary of evidence but neither tendered, marked nor taken
into court's custody-whether court barred from allowing their being tendered during
trial -Magistrates' Courts Act, ss.173 (2) (b) & 176.
Uganda Vs. Petero Bwambale 1975 319

Criminal Procedure -discharge - whether where court erroneously makes order of
discharge instead of acquittal since section mandatory-whether such order could
be revised by High Court.
Criminal Procedure-revision - High Court - accused discharged instead of being
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acquitted -s.125 of Magistrates' Courts Act, mandatory to acquit-whether High
Court had power to revise order-Criminal Procedure Code Act, s.341.
Uganda Vs. Silver Egittu and Patrick Olinga 1975 318

Criminal Procedure-probation order - requirement - need for court to inquire into
circumstances, nature of the offence and character of offender-contents of
probation Act (Cap.109), ss.3(1) (2) & 4(1), (2) & (3).
Uganda Vs. Opio Augustino 1975 317

Criminal Procedure-disobeying court summons-whether offence under s.111 of
Penal Code-Mode of service of summons and methods or proceeding against
people disobeying them-magistrates' Court Act ss.54 and 93 and Civil Procedure
Rules (under sch.3 M.C.A) rules 11, 12,23,18 and 19.
Balikenda Baduru Vs. Uganda 1975 337

Criminal procedure - burden of proof - burden on prosecution to prove case against
accused-burden never shifts in criminal cases.
Reich Rashid & David William Rwamafa Vs. Uganda 1975 338
Criminal Procedure - adjournment on ground of employing counsel - application
rejected since accused had ample time before trial.
Uganda Vs. Anjelo Kinya & 3 Others 1975 339
Criminal Procedure - charges-technical error in charge sheet -citing of wrong
paragraph - not error material to merit of case-would not make bad but simply
defective.
Uganda Vs. John Lwanyanga 1975 335

Criminal Procedure-charges - omission of relevant regulation from charge sheet -
whether fatal and makes charge a nullity- omission of statutory instrument when
main decree mentioned not fatal - Interpretation Act (Modification) Decree (Decree
No.3/71).
Criminal Procedure - charges - form of charges - price control-failure to mention

weight and maximum price were offence charged so requires-makes charge
defective and a nullity.
Rwivanga Fideri s/o Rukulere Vs. Uganda 1975 341

Criminal Procedure - defence-calling of witnesses-failure to allow defence to call
witnesses fatal to trial.
Uganda Vs. Adungo s/o Gerasam Ali 1975 344

Criminal Procedure - summons - failure to sign summons - not an offence known to
law.
Uganda Vs. Gerada Ngulumi 1975 345

Criminal Procedure-sureties-procedure where recognizance forfeited - whether
magistrate can issue warrant of arrest and order to remand in prison surety when
accused immediately fails to appear for hearing-Magistrates' Courts Act, 1970, s.81.
Uganda Vs. Rose Mary Nanyala 1975 381

Criminal procedure -sentencing -irregular to pass sentence before conviction.
Page 238
Uganda Vs. Samuel Abiriga 1975 381
Criminal Procedure - Jurisdiction- Magistrates Court-offences under E.A. Customs
and Transfer Tax Management Act, 1970 - Grade II Magistrate has no jurisdiction.
R.K. Kasule Vs. Makerere University Kampala 1975 391

Criminal Procedure - arrests - powers of arrest-security askaris of the University - not
police officers and powers of arrest exercised are those under ss.28 and 29 of the
Criminal Procedure Code Act.
Uganda Vs. Kalamira s/o Niragire 1976 1

Criminal Procedure - adjournments-grounds for application-application for adjournment
made on ground of tracing prosecution witnesses - accused already on remand for
over a year - witnesses leading nomadic life and not likely to be easily traced -
application refused-Nolle prosequi entered and accused discharged.
Uganda Vs. Samu Serunkuma & Malice Wakholi 1976 2

Criminal Procedure -charge sheet-citation of wrong legislation in statement of offence-
convictions -whether miscarriage of justice occasional
Criminal Procedure-Revision /by High Court - Procedure where court file is sent to
D.P.P. to "offer him opportunity to be heard" - file returned without D.P.P. considering
all important aspects of the case-whether D.P.P. has been offered opportunity both be
heard - whether court can proceed with revision - Criminal Procedure Code Act,s.341.
Uganda Vs. Ikwel d/o Akweba 1976 13

Criminal Procedure - court procedure - sentence - accused sentenced before
conviction entered-whether procedure proper-Magistrates' Courts Act, s.122.
Criminal Procedure - court procedure - conviction without the facts or the case being
outlined first-whether conviction proper.
Uganda Vs. Francis S. Baliruna 1976 3

Criminal Procedure - plea of guilty-charge sheet not disclosing an offence-whether
accused properly convicted.
Bizangande John Vs. Uganda 1976 10

Criminal Procedure - pleas - Procedure for recording plea-incorporating plea in
evidence - plea of not guilty entered before commencement of trial -improper to
incorporate plea in evidence - lengthy details and explanations of accused put down
to constitute plea - whether procedure proper.
Uganda Vs. Muhamudu Sebi 1976 94

Criminal Procedure - bail - grant for bail in murder cases to be only in exceptional
circumstances - bail not to be granted where temptation to escape great.
Criminal Procedure - Nolle Prosequi - power to enter restricted to D.P.P. only -Trial
Indictments Decree ss.133 and 134.
Uganda Vs. Vinancio Oroma 1976 84

Criminal Procedure - jurisdiction part heard case - Magistrate Grade II carried on with
Page 239
the trial of a case partly heard by Grade I Magistrate - whether he had such
jurisdiction U/S 142 of the Magistrates' Courts Act, 1970.
Bisaso Patrick Vs. Uganda 1976 168

Criminal Procedure - appeals - appellate court dealing with appeal from a lower court
could call for and receive a report on any matter connected with the appeal - Criminal
Procedure Code s.334(5).
Criminal Procedure - recording pleas - accused's plea to be recorded in actual words

used.

Criminal Procedure-exhibits - exhibits could be collected from accused's place
pending trial under s.68 of the Magistrate's Courts Act. 1970 - procedure for dealing
with such exhibits laid out in ss.121-4 of Magistrates' Courts Act, 1970 or 36 A of
Police Act.
Criminal Procedure - property stolen-orders affecting - orders regarding property for

which title is disputed should be suspended till time for appeal has clasped or if
appeal is lodged until appeal is determined - s.213 (4) Magistrates' Courts Act, 1970.
Rwahamuhishi Atanasi Vs. Uganda 1976 162

Criminal Procedure - Prosecution's case - cross - examination-prosecution failing to
cross-examine accused and leaving defence story unchallenged - interference would
be that prosecution accepts truth of defence- duty on prosecution to prove case
beyond reasonable doubt and not to leave two conflicting versions both unchallenged.
Uganda Vs. Lubega J., Jumba F, & Kahwa Jesephat 1976 282
Criminal Procedure-acquittals - once an accused is charged with offence he could
not be acquitted of the charge before the case against him is heard on merits -
Magistrates' Courts Act, 1970 ss.117-121.
Criminal Procedure - adjournment - a magistrate is fully entitled to exercise his

discretion to refuse an application for adjournment - a magistrate should dismiss the
charge if an adjournment cannot possibly be granted.
Sebayigga Peter Vs. Uganda 1976 277

Criminal Procedure - appeals - accused convicted - notice of appeal filed but original
record not traced for over 3 years - whether conviction to be quashed.
Uganda Vs. Namani Kazooba & Nasaba Wokali 1976 278

Criminal Procedure - charges - a charge under s.121A (1), (2) of the Penal Code
(elopement) which does not allege that the accused was married is defective but that
defect is to fatal if the accused is not pre-judiced in his defence.
Criminal Procedure-sentencing - where the section provides two alternative penalties,

it is within the discretion of the trial magistrate to impose any of the two penalties or
to impose a caution - penalties under s. 121A should be imposed subject to the
provisions of the general law-Magistrate should give reasons for penalty imposed
Page 240
especially where such penalty is the maximum.
Uganda Vs. Benyameni Okiring and Lusi Amutosi 1976 264

Criminal Procedure - charges -effect of the omission of the word "unlawfully" in a
charge sheet, charging the offence of assault occasioning actual bodily harm-
omission renders the charge imperfect or defective only but not bad in law-the test
is whether the imperfection or defect caused a miscarriage of justice.
Criminal Procedure - charges - amendment of charges-Magistrate should keep a

record of the circumstances in which the amendment was made.
Criminal Procedure - detention of young persons - s.190 of the Magistrates' Courts

Act, 1970-young offenders should never be given prison sentence.
Criminal Procedure - committal warrant - committal warrant should always be left on

the court record.
Uganda Vs. Alfunsio Obonge 1976 266

Criminal Procedure - charges - whether a charge mentioning both limbs of s.298 (1),
that is receiving and retaining is bad for duplicity - it is settled law which has been
constantly followed that a charge mentioning both limbs of s.298(1) is not open to
any criticism and is proper in all respects.
Criminal Procedure-right of accused to call witnesses-an accused has a fundamental

right to defend himself in a criminal charge and the calling of witnesses is basic to
such a right.
Uganda Vs. Yakobo Anziria 1976 274

Criminal Procedure - dismissed of charge before close of prosecution case s.125
Magistrates' Courts Act, 1970 - whether procedure proper.
Criminal Procedure-institution of criminal proceedings - complaint by private person

to magistrate-formal charge made by magistrate-s. 41 Magistrates Courts Act 1970.
Uganda Vs. Yosiya Sabaganzi & Others 1976 281

Criminal Procedure - functus officio-first accused convicted on his own plea of guilty-
charge sheet later amended in respect of all accused persons-whether the
magistrate could deal with it in respect of first accused without revisional order.
Criminal Procedure - jurisdiction -charge brought under s.273(1) (b) -whether Chief
Magistrate had power to take plea.
Uganda Vs. G. W. Matyana 1976 288

Criminal Procedure - no case to answer - the ruling of no case to answer must only
be made after the prosecution has closed its case-s.125 of the Magistrates' Courts
Act, 1970- magistrate must give detailed reasons for so ruling.
Ramadhan Juma Haji Vs. Uganda 1976 275

Criminal Procedure - pleas - the charge must be explained to the accused before his
plea is taken-where a court accepts a plea of guilty from an accused, who is not
Page 241
legally represented, all the ingredients of the offence charged should be carefully
explained so that these ingredients fully understood by the accused.
Uganda Vs. Edopa Yokosefati & others 1977 3

Criminal Procedure - charges-charge sheet - misjoinder of persons in one count-
whether pre-judiced the accused - section 85(a) of Magistrates Courts Act, 1970.
Nyehangane Patrick & Rwabutenture Vs. Uganda 1977 19

Criminal Procedure - applications-application for leave to appeal out of time must
show reasonable excuse for being late - lateness caused by misleading information
given by a prison official to the applicant is reasonable excuse.
Uganda Vs. Ocilajo s/o Eragu 1977 15

Criminal Procedure - charges - charge sheet submitted by notice but not signed by
Police Officer-whether charge sheet proper.
Criminal Procedure - charges - 1st accused charged with elopement c/s 121A (1)
Penal Code - particulars stated he "eloped with Ayumo, a married woman not being
his wife"-whether woman "not being his wife" were unnecessary and amounted to an
irregularity-whether the irregularity occasioned miscarriage of justice.
Okello Sebastiane Vs. Uganda 1977 17

Criminal Procedure -amendment of charges-non-compliance with the proviso to s.120
of the Magistrates' Courts Act, 1970 and s.130 (4) of the same Act by the court
where a charge has been amended at some stage of the proceedings is a gross
irregularity.
Criminal Procedure - where an accused is charged with reckless driving as first count
and the other counts are for causing body injury by reckless driving, a finding of no
case to answer on the first count absolves the accused from the obligation to
answer the other counts.
Uganda Vs. Disoni Ndinywa 1977 21

Criminal Procedure - arrests -accused arrested and taken to police station where he
was released - on being released was arrested by police officer and on being
searched was found with suspected stolen property-charged with being in possession
of stolen property c/s 299 of Penal Code - whether procedure adopted by police
officer in arresting the accused was proper.
Criminal Procedure - charges - accused charged with being in possession of stolen

property c/s 299 of Penal Code - plea revealed offence of theft-magistrate convicted
him of theft with which he was not charged-whether conviction proper.
Uganda Vs. Terena Amura 1977 11

Criminal Procedure -charges - omission of words "unlawful from particulars of offence-
whether omission viates the proceedings.
Criminal Procedure - please-recording of pleas - accused's admission to be recorded

as possible in the word he uses-s.122 (2) M.C.A. 1970.
Kiwanuka Egineses & Saturday Samuel Vs. Uganda 1977 1
Page 242
Criminal Procedure -identification-where circumstances make unmistaken
identification difficult, the court must look for corroborating evidence to show that
identification was free from possibility of error or else the court must warn itself of
the danger of convicting without such corroboration.
Uganda Vs. Levi Odo & Anor 1977 10

Criminal Procedure -pleading-adultery c/s 150(A) (1) and (2) of the Penal Code -
whether accused can be convicted for an offence not pleading to.
Uganda Vs. Nahome Nduru 1977 13

Criminal Procedure - withdrawal of charges-parties failed to attend court after several
adjournments-Magistrate withdrew charge under s.119 of M.C.A. 0 whether
magistrate had such power -proper procedure where parties fail to attend court to
dismiss charge under s.117 of M.C.A. or grant further adjournment.
Uganda Vs. Dolotio Yosefu, Zaverio Kasangaki 1977 53

Criminal Procedure -Order for Restitution-accused found selling meat of stolen cow-
accused also found with money and ordered to return it to the complainant in absence
of evidence that the money was raised from sale of the meat - whether order proper.
Criminal Procedure - order for restitution-accused found selling meat of stolen cow-
accused ordered to pay to complainant money being restitution for value of stolen
cow pursuant to s.213(2) of M.C.A. - whether order proper.
Kashaija Moses & 2 others Vs. Uganda 1977 50

Criminal Procedure - assessors - when a criminal case before the High Court is
being tried with the aid of two assessors and one assessor absents himself, it is not
an irregularity if the court proceeds with one assessor-s.67(1) of the Trial Indictments
Decree, 1971 to be read with s.3 of the Interpretation Decree, 1976, where
expressions in the plural include the singular.
Uganda Vs. Ofono Paulo 1977 51

Criminal Procedure - sentencing - no valid sentence can be passed on accused
person without judgment and conviction -s.134 of the Magistrates' Courts Act, 1970.
Uganda Vs. Bagulaine 1977 65

Criminal Procedure - theft-restoration of stolen property to owner-Magistrates' Courts
Act, 1970 s.213 (1) - restoration to be made only if accused found with stolen
property or proceeds thereof.
Criminal Procedure-disposal of property used in commission of offence -magistrates'

Courts Act, s.214 (1) - application of section.
Wanyama James & Anor Vs. Uganda 1977 56

Criminal Procedure -robbery - person convicted of robbery must be subjected to
supervision for period not exceeding 5 years - Magistrates' Courts Act, 1970, s.206.
Nansikombi Florence Vs. Uganda 1977 107

Criminal Procedure -bail - appeal against Magistrate's order canceling bail-whether
Page 243
order appellable - MCA ss.81 and 82.
Criminal Procedure - bail-reasons for cancellation of bail-file of the case lost and
hence suspicion of tapering with evidence-no record to show an application for
cancellation order-whether cancellation order properly made.
Uganda Vs. Simiyu Anfulensi 1977 106

Criminal Procedure -judgment -contents of judgment-judgment must contain points
for determination, decision thereon and reasons for decision-Magistrates' Court Act,
1970, s.134(1) - judgment containing no points for determinaio9n and reasons for
decision-defective judgment may not invalidate conviction if there is sufficient
materials on record.

Criminal Procedure - no case to answer - prosecution witnesses discredited and most
unreliable - when considering question of no case to answer court is concerned only
with offence charged and issue whether accused committed offence charged or
lesser offence arises at time of judgment-Trial on Indictments Decree, 1971. S.71(1).
Uganda Vs. Kyanda Jenina 1977 111

Criminal Procedure - s.101 of the Penal Code not to be resorted to enforce civil rights
of parties.
Sembajwe G.W., & Mustafa Hassan Vs. Uganda 1977 118

Criminal Procedure - identification parade-the single witness did not supply any
description of how he could remember his attackers. The parade was held in
presence of a provincial Governor - whether the procedure taken was proper.
Criminal Procedure-jurisdiction-robbery c/s.273(2) - case tried by Chief Magistrate-
whether had jurisdiction.
Uganda Vs. Kapiyo John 1977 151

Criminal Law - theft c/ss. 252 and 256 of the Penal Code - retaining stolen property
c/s. 298(1) of the Penal Code - preferred as alternative counts - person charged with
and convicted of stealing bicycle and retaining components thereof - person not to be
punished twice for same offence-Penal Code, ss.2 and 20.
Criminal Procedure - charges - charge sheet containing alternative counts -accused

charged with and convicted on alternative counts of stealing bicycle and retaining
components thereof - person convicted on one alternative count not to be found
guilty of and convicted on other count.
Criminal Procedure - payment of compensation and costs u/s. 209(1) of the

Magistrates' Courts Act, 1970-two conditions must be satisfied before such order is
made person must have suffered material loss or personal injury and substantial
compensation must be recoverable by civil suit-meaning of "materials loss" and
"substantial compensation."
Uganda Vs. Tibamwenda Shabani 1977 162

Criminal Procedure-charges - citation of wrong section of Penal Code - offence not
disclosed in particulars of offnce -whether conviction and sentence to be set aside.
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Muketsi Vincent Vs. Uganda 1977 161
Criminal Procedure - probation order - petition to set aside order.
Uganda Vs. Kibomba Alozio 1977 153

Criminal Procedure - Compensation - award of compensation u/s 209 (1) of the
Magistrates' Courts Act, 1970 - three requisites must be satisfied before order is
made - prosecutor or witness must have suffered materials loss or personal injury,
substantial compensation must be recoverable in civil suit and court may order
payment of fair and reasonable compensation.
Criminal Procedure- compensation - principles upon which compensation order may

be made - compensation order to be made only in simple, straight forward cases
and cases where no substantial amount involved - where substantial amount is
involved proper forum is by civil action - court must have regard to accused's means
and accused must be given a right of hearing before order is made - court must award
specific sum not exceeding maximum prescribed amount.
Criminal Procedure - recovery of compensation and costs - procedure set out in s.210
M.C.A. - payment of compensation need not be immediate - accused to be given
sufficient reasonable time within which to pay - warrant of distress may be issued
against accused if he does not comply with order-warrant not to be issued if it
would be ruinous to accused or his family - court to enquire whether distress and sale
of accused's property would be ruinous to him or his family and whether accused has
property on which to levy distress - accused may be committed to prison if distress
would be ruinous or if he has no property or for other sufficient cause - M.C.A. ss.192
194, 198 and 210.
Criminal Procedure - restitution - circumstances under which order may be made-

restitution - order may be made although property is in possession of bonafide
purchaser of revalue - property must have been recovered before order is made -
M.C.A., s.213 and Sale of Goods Act (Cap. 79), s. 25 - restitution order to be made
only in simple case where value of property is small to expire or before determination
of appeal.
Criminal Procedure - compensation and restitution orders - both orders are appealable
illegal to order immediate execution without allowing period of appeal to expire of
before determination of appeal.
Uganda Vs. Kahara Yosia 1977 158

Criminal Procedure - neglecting to provide food for children c/s. 153 of the Penal Code
accused acquitted of offence but ordered to pay maintenance and have custody of
illegitimate children- such orders should be made under Affiliation Act cap. 217.
Uganda Vs. Kunya Mafabi & Elaku 1977 159

Criminal Procedure - judgment - contents of - where a court has decided that an
accused person is guilty, the basic elements of the judgment are the conviction and
sentence - M.C.A., s.134.
Criminal Procedure - judgment - a judgment which does not satisfy requirements of

section 134 of the Magistrates' Courts Act. 1970 is a mere irregularity and will not
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necessarily invalidate a conviction if there is sufficient material on record to enable
court to determine the case on its merits.
Uganda Vs. Otana Anjelo 1977 167

Criminal procedure - jurisdiction - magistrate Grade II has no power or authority to
intervene and make an order in a case which is being heard by Chief Magistrate.
Ugnada Vs. Kasozi Fred 1977 229

Criminal Procedure - reconciliation - s.156 of Magistrates' Courts Act 1970 - purpose
of section is to promote reconcilliation in cases not amounting to a felony and not
aggravated in Degree - theft is a felony and cannot be dealt with according to s.156
of the Magistrates' Courts Act, 1970.
Uganda Yeresom Byaruhanga 1977 229

Criminal Procedure - pleas - accused admitted charge and convicted - accused's
words of admission to be recorded after which prosecutor to state facts - it is improper
to convict accused before hearing the facts.
Criminal Procedure - accused pleaded guilty and magistrate convicted him under
s.122(1) M.C.A. - s. 122 (1) MCA not offence - creating section - conviction improper.
Uganda Vs. Kasozi & Anor 1977 225

Criminal Procedure - charges - accused charged and convicted under wrong rule - by
itself does not invalidate conviction.
Uganda Vs. Ntahanimanyamusi 1977 236

Criminal Procedure - charges - amendment of charge - accused not allowed by court
to cross - examine complainant on amended charge - incurable irregularity vitiating
conviction- accused must be allowed to conviction - accused must be allowed to
cross - examine complainant on amended charge.
Criminal Procedure - retrial - conviction vitiated by mistake of court for which

prosecution is not to blame - whether re-trial to be ordered - re-trial to be ordered only
where interests of justice required.
Uganda Vs. Baligeya Samwiri 1977 223

Criminal Procedure - charges - each count in a charge sheet is a distinct offence and
should contain the statement of offence as well as the particulars of offence.
Criminal Procedure - pleas - when charges are incurably bad, no valid plea can be
taken on them.
Criminal Procedure - Charges - a trial magistrate is supposed to check the propriety

of charges before assuming jurisdiction to try charges under them.
Uganda Vs. Wangubo Martin & 19 others 1977 220

Criminal Procedure - charges - charge sheet not citing penalty section - defect a
mere irregularity not occasioning miscarriage of justice.
Criminal Procedure - charges - illegal movement of skins and hides contrary to r. 7 of

Animal Diseases Rules, 1968 - ingredients of offence - particulars of offence should
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allege that accused proved skins from one sub-county to another - accused arrested
several miles from home and aware they were in different district - omission to state
that accused moved skins from one sub-county to another was a mere irregularity
not prejudicing accused.
Criminal Procedure - pleas - conflict plea can be cured by facts stated to court and
admitted by accused.
Uganda Vs. Kisakye Amisi 1977 231

Criminal Procedure - charges - charge sheet to mention place of commission of
offence where known - it is fundamental requirement that the law under which person
is charged should be stated it known.
Criminal Procedure - pleas - procedure of recording pleas laid down in Adan's case-
whether failure to follow the procedure renders trial nullity.
Uganda Vs. Ntalo Sabastiano 1977 227

Criminal Procedure - charges - where particulars of offence are at variance with the
charge no conviction can be sustained.
Criminal Procedure - charges - offences not arising out of same transaction charge
under one charge sheet though in separate counts - whether that was misjoinder.
Apire Lapson Vs. Uganda 1977 234

Criminal Procedure - hearing a case in accused's absence-though s.121 of the
Magistrates' Courts Act, 1970, provides for hearing a case in the absence of the
accused, that does not and cannot apply where the offence charged is a felony.
Criminal Procedure - exhibits - tendering of exhibits - at re-examination is not the

proper time for tendering in exhibits - where however such tendering in at that stage is
absolutely essential, permission of the court has to be obtained and accused must
be allowed to cross - examine the witness about those exhibits-s.136(3) of the
Evidence Act.

Criminal Procedure - failure to give accused opportunity to cross - examine witness -
such failure is a denial of a fundamental right which prejudices the accused and
consequently occasions a miscarriage of justice.
Uganda Vs. Balikadaza s/o Eriya Kigenyi & Henry Lyavaala 1977 206
Criminal Procedure 0 no case to answer - finding of no case to answer and discharge
thereof under s.125 M.C.A. - trial magistrate discharged accused under s.125 M.C.A.
without hearing prosecution evidence - finding premature and acquittal improper -
premature and arbitrary termination of criminal proceedings illegal and an abuse of
judicial powers.
Criminal Procedure - retrial - whether High Court can order retrial if order of an
acquittal is found to be illegal or improper - s.341 of Criminal Procedure Code.
Uganda Vs. Ello Savirio 1977 232

Criminal Procedure - functus officio - magistrate is not functus officio until after
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sentencing accused - before sentencing accused magistrate has power to set aside
conviction and to allow plea of guilty to be charged to that of not guilty.
Uganda Vs. Katamu Alayo 1977 219

Criminal Procedure - jurisdiction - accused convicted of offence c/s. 215(a) of Penal
Code by Grade 11 Magistrate - whether Grade 11 Magistrate has jurisdiction to try
offence - M.C.A., s.157.
Uganda Vs. Aucor s/o Abuya, Abiara Silvester & Odere Benasio 1977 218
Criminal Procedure - jurisdiction - whether chief magistrate had power to try a case
of manslaughter committed before the coming into force of the Magistrates' Courts
(Amendment) Decree, 1971 in absence of a direction of a judge of the High Court
under s.3 of the Decree.
Criminal Procedure - pleas - plea of guilty - where accused pleads "I plead guilty to
charge" plea in unequivocal.
Criminal Procedure - sentencing - passing an order of imprisonment and later an

order binding over the accused for the period of imprisonment is illegal.
Kawesi Edward Vs. Uganda 1977 212

Criminal Procedure - witnesses - prosecution witnesses not sworn - whether a retrial
will be order only when the original trial was illegal or defective.
Uganda Vs. Byansi John & Kabi Bangulu 1977 241

Criminal Procedure - the trial magistrate convicted and sentenced on facts outlined
by the prosecutor-there were no prosecution evidence to support the charge - whether
procedure was proper - whether conviction could be sustained.
Okecho Yolamu & Isaya Okumu Vs. Uganda 1977 270

Criminal Procedure - Alibi - burden of proof - whenever a defence of alibi it put forward
it is upon the prosecution to destroy it and not for the defence to prove it.
Criminal Procedure - conflict of testimony - conviction based mainly on evidence of

two prosecution witnesses whose evidence conflicted - trial magistrate failed to
consider defence of alibi on ground that defence witnesses were unreliable - duty
of trial court to give reasons why defence of alibi and no merit.
Criminal Procedure - joinder of charges - offences founded on same facts whether

felonies or misdemeanors may be charged together in same charge - MCA, s.84(1)-
jonder of persons accused of same offence committed in same transaction - MCA
s.85 (a).
Uganda Vs. Garro Engagu & Kasadha Enomu 1977 290

Criminal Procedure - charges - accused convicted and sentenced for offence not in
charge sheet - whether conviction illegal.
Criminal Procedure - charges - accused charged with receiving and retaining stolen
property but convicted for house breaking and theft - though a person charged with
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stealing can be convicted of receiving or retaining stolen property there is no
provision the other way round - s.150 MCA.
Uganda Vs Batulibubi Patrick 1977 291

Criminal Procedure - exhibits - prosecution exhibits to be put I by complainant during
examination in chief.
Criminal Procedure - minor cognate offences - obtaining credit by fraud can be minor
cognate offence of obtaining goods by false pretences.
Criminal Procedure - minor cognate offences - minor cognate offence can be arrived
at by process of subtraction from the major charges if circumstances of major
charge constitute minor offence and if from major charge accused is aware of
circumstances constituting minor offence.
Uganda Vs. Kisembo Josefu 1977 282

Criminal Procedure - charges - accused charged with and convicted of burglary and
theft in two counts - the two offences should have been in one count - the accused
prejudiced by receiving two sentences instead of one.
Uganda Vs. Sebyambe Boniface 1977 288

Criminal Procedure - charges - amendment of charges - although magistrate can
allow amendment of charge even after conviction this is not legally possible while
conviction remains on record - proper procedure is to first set aside conviction
on record before accused pleads to amended charges.
Bunjo John Vs. Uganda 1977 289

Criminal Procedure - jurisdiction - theft by public servant c/ss 252 and 257 of Penal
Code - magistrate's Court has jurisdiction to try offence committed before Economic
Crimes Tribunal (Amendment) Decree No.1 of 1977 came into effect.
Uganda Vs. Ochwo Nathan Henry 1977 267

Criminal Procedure - pleas - charge of plea of guilty to not guilty followed by conviction
can be allowed by court in exercise of its discretion to be exercised judicially
otherwise proceedings that follow conviction nullity - court must record reasons for
grant t leave to withdraw plea.
Criminal Procedure - theft c/s 252 of Penal Code - order for return of money subject
of offence to accused after acquittal - whether proper.
Bagonza Justus Vs. Uganda 1977 276

Criminal Procedure - search warrants - police must obtain search warrant before
entering house of suspect unless case falls under the exceptions - s.69 MCA 1970.
Nvule Bennet Vs. Attorney General & 3 Others 1978 31

Criminal Procedure - arrest without warrant - public officer may arrest without warrant
upon reasonable grounds person suspected of having committed cognisable offence -
suspect detained in police custody for more than 24 hours - detention beyond 24
hours illegal - suspect must be produced before magistrate within 24 hours - Criminal
Procedure Code, ss.23 and 30.
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Uganda Vs. Byaruhanga s/o Zewulume, Kyomukama & Abudoni Aliganyira 1978 8
Criminal Procedure - charges - accused charged with burglary or shop breaking or
house breaking in one count and theft in second count - whether charges defective.

Criminal Procedure - designation of parties in cases prosecuted by the state should
be "Uganda V. so and so" and not "State V. so and so".
Criminal Procedure - Grade III Magistrate tried offence under s.115 of Traffic and Road
Safety Act 1970-whether had jurisdiction.
Uganda Vs. Kaita Saimon 1978 24

Criminal Procedure - designation of parties in criminal cases file cover inscribed
"State V. Saimon Kaita" - criminal cases prosecuted by the state must be designated
"Uganda V. So and so".
Criminal Procedure - jurisdiction - magistrate grade III tried offence under s.115 of
Traffic and Road Safety Act, 1970-whether had jurisdiction.
Uganda Vs. Mwonge Moses, Rwamakuba & Baliba David 1978 23

Criminal Procedure - plea of guilty - recording - accused charged with theft and in
alternative with receiving stolen property c/s 298(1) of Penal Code - accused stated
"I admit the charge" - no indication which count accused pleaded to - accused
pleaded guilty to first count against him.
Katuramu Edward & 2 Others Vs. Uganda 1978 13

Criminal Procedure - examination of witness - re-examination - there may only be
re-examination of one's own witnesses - prosecutor to re-examine witness after
cross - prosecutor to re-examine witness after cross - examination by defence.
Uganda Vs. Kapere George Bonny 1978 10

Criminal Procedure - exhibits - order for disposal of exhibits - trial magistrate had
discretion to make order for disposal of exhibits, s.214 MCA, 1970 - order to be
supported by law.
Uganda Vs. Turwomwe Petero 1978 15

Criminal Procedure - extra-judicial statement - recording - place of recording -
statement made in magistrate's chambers.
Uganda Vs. Isirayiri Okitoyi 1978 3

Criminal Procedure - judgment - judgment of trial magistrate termed 'judgment-
summary" and written in four lines - whether offended against requirements of s.134
(1) MCA - whether this invalidated conviction.

Criminal Procedure - designation of parties in cases prosecuted by the state should
be "Uganda v. so and so" and not "State v. so and so".
Criminal Procedure - Grade III Magistrate tried offence under s.115 of Traffic and
Road Safety Act 1970 - whether had jurisdiction.
Page 250
Uganda Vs. Akutti Gaudensio, Sisto Bulle & John Ura 1978 20
Criminal Procedure-jurisdiction - accused charged with murder - Grade III Magistrate
recorded statements and admissions from them - whether had power.
Criminal Procedure - withdraw of prosecution - DPP has power to withdraw any

prosecution under power conferred on him by Art.71 of constitution - once this is done
court has no discretion in the matter.
Criminal Procedure - withdraw of prosecution - where State Attorney writes on behalf

of DPP instructing police to withdraw charge he is not delegating his powers - police
prosecutor merely receives instructions and carries them on as instrument of DPP
via State Attorney.
Uganda Vs. Sempila Posiano & Igga Zaverio 1978 11

Criminal Procedure - jurisdiction - accused convicted of defilement of a girl under 14
years of age c/s 123(1) of Penal Code, by Grade 1 Magistrate - whether magistrate
had jurisdiction.
Uganda Vs. Kyamanyuwa Augustino & Tibananuka John 1978 12

Criminal Procedure - jurisdiction - Magistrate Grade II has jurisdiction to try the
offence of indecently assaulting females - evidence of indecently assaulting females
c/s 122 (1) of the Penal Code - section - whether retrial could be ordered.
Criminal Procedure - retrial - accused charged with indecently assaulting females-

evidence revealed rape - charge not amended - accused convicted as charged and
served sentence - whether retrial could be ordered.
Uganda Vs. Selwano Katabazi 1978 67

Criminal Procedure - charges - accused charged with burglary c/s. 281 (2) of the Penal
Code in count 1 and theft, c/s. 252 of the Penal Code in count 2 - charge was
defective - the two offences through separate should have been charged in one count.
Criminal Procedure - Magistrate convicted accused under s.3(b) Animals (straying)

act after outline of facts by complainant - Procedure in s.3 of Act not followed -
whether proceedings illegal.
Uganda Vs. Longole s/o Lodidon Locheng 1978 76

Criminal Procedure - charges - accused charged with overcharging by selling timed
milk for which no price is fixed - whether committed any offence.
Criminal Procedure - jurisdiction - Grade II Magistrate convicted accused for selling

goods at price higher than prescribed - whether had jurisdiction.
Uganda Vs. Lopeyo Lokiru 1978 77

Criminal Procedure - jurisdiction - Grade II Magistrate tried case of overcharging -
whether had jurisdiction.

Criminal Procedure - charges - amendment of charges - trial magistrate amended
charge sheet after judgment - whether procedure proper - s.130 MCA 1970.
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Uganda Vs. Byaruhanga Alikanjeru 1978 82
Criminal Procedure - designation of parties in Criminal cases - file designated "State
v. Byaruhanga" - whether proper designation.
Criminal Procedure - jurisdiction - grade III magistrate tried offence under s.115 (1) and
(5) (b) of Traffic and Road Safety Act, 1970 - whether had jurisdiction.
Uganda Vs. Kayemba Paul 1978 83

Criminal Procedure - designation of parties in cases prosecuted by the state - proper
designation should have been "Uganda v. Kayemba" and not "State v. Kayemba".
Criminal Procedure - Jurisdiction - Magistrate Grade III tried offence under s.115 of
the Traffic and Road Safety Act - whether had jurisdiction.
Uganda Vs. A. Dafala 1978 78

Criminal Procedure - withdrawal of prosecution - MCA 1970 s.119 - the words "in any
proceedings before a Magistrate Court" include the committal proceedings before a
magistrate - not limited to trials before a Magistrate court.
Criminal Procedure - withdrawal of prosecution - MCA s.119 - State Attorney wrote on

behalf of D.P.P. to police to withdraw prosecution - when State Attorneys write for and
on behalf of the D.P.P., D.P.P. is not delegating any powers to State Attorney -
State Attorney's act under the direct supervision and instructions of the D.P.P. -
maxim delegates non-protest delegate not applicable.
Kairu Josephati Vs. Uganda 1978 123

Criminal Procedure - Appeals - second appeal - duty of first appellate court its
obligation to rehear and re-adjudicate and re-evaluate the whole evidence necessity
for giving the evidence a fresh and exhaustive scrutiny - judgment not written -
necessity therefore.
Kangamiteto Charles Vs. Uganda 1978 124

Criminal Procedure - appeal - appeal out of time - application for leave to file appeal
out of time - time to be extended only when there is "sufficient reason" - whether delay
caused by failure to get fees is sufficient reason - whether fees necessary before
lodging appeal.
Criminal Procedure - appeal - appeal out of time - application to file appeal out of time-
counsel delayed in carrying out instructions - whether delay in counsel's chambers
is sufficient reason for extending time.
Uganda Vs. No.441 PC Jomail Kisegerwa & No.86 74 PC Bukambi 1978 137
Criminal Procedure - arrests - powers of arrest of policeman - Policeman to arrest
without warrant person suspected of having committed or about to commit offence -
Policeman to use reasonable force in effecting the arrest - Policeman shot unarmed
deceased to death at night for running away and refusing to stop when so required -
whether shooting justified - whether killing unlawful.
Uganda Vs. Omanga Lorencio and Others 1978 128

Criminal Procedure - charges - duty of trial magistrate - accused convicted on their
Page 252
own pleas - facts did not disclose the laws or bye - laws accused persons had
contravened - it is duty of trial magistrate ascertain the laws or bye-laws which form
the subject matter of the charge.

Criminal Procedure - notice of prosecution u/s.167 of Act-burden of proof on accused
u/s.167 (2) that procedure under the section was not complied with - failure to prove
service of notice does not render trial incurably defective.
Uganda Vs. Lubega Matia 1978 132

Criminal Procedure - charges - change of assault occasioning actual bodily harm
c/s.228 of Penal Code - ward "unlawfully" omitted from the particulars of offence -
whether such omission is fatal to conviction.
Criminal Procedure - pleas - plea of guilty - effect of not putting the facts to the
accused to deny or affirm then after a plea of guilty - test is whether such failure
prejudiced the accused.
Criminal Procedure - sentence - default sentence - default sentence u/s.192 (d) MCA
where fine exceeds shs.100/= but does not exceed shs.400/= must not exceed six
weeks imprisonment.
Uganda Vs. Okello Otema Joseph 1978 130

Criminal Procedure - pleas - plea of guilty to a charge of burglary and theft - particulars
of offence and facts as narrated did not reveal that offence was committed at night -
plea equivocal and conviction thereon improper.
Uganda Vs. Musole John & Wabudi Stephen 1978 131

Criminal Procedure - charges - accused charged jointly - no indication that offence
was committed jointly or in course of same transactions - whether charge defective
for misjoinder of persons.
Criminal Procedure - pleas - pleas of guilty u/s.110 Penal Code - disobedience u/s.110
to be willful - pleas of accused not indicating whether disobedience was willful -
whether pleas equivocal.
Uganda Vs. Luboyera Sulaimani 1978 133

Criminal Procedure - pleas - plea of guilty - after plea of guilty facts to be put accused.
Kasule Kiwanuka John Vs. Uganda 1978 135

Criminal Procedure - pleas - recording of plea - record showing "I admit the charge I
eloped with his wife" - whether plea unequivocal.
Ndyayakwa Efurasi & 2 Others Vs. Uganda 1978 181

Criminal Procedure - duty of trial court - it is the duty to the trial court to look at the
evidence as a whole it being fundamentally wrong to consider the prosecution case in
isolation and to consider whether the defence rebuts or casts doubt upon it.
Sserwada Vs. Uganda 1978 175

Criminal Procedure - confession - procedure before admissibility of confession - court
to hold a "trial within a trial to satisfy itself of the voluntary nature thereof.
Page 253
Lubowa Samuel Dick Vs. Uganda 1978 186
Criminal Procedure - pleas - equivocal pleas - pleas must be unequivocal before court
can convict on them.
Uganda Vs. Ndungo George 1978 221

Criminal Procedure - accused disputed charge read to him - magistrate entered plea
of guilty - accused accepted facts put to him - accused convicted on plea of guilty -
whether procedure proper.
Criminal Procedure - magistrate recorded plea of guilty -accused explained right to

apply for bail - whether right to apply for bail exists after plea of guilty.
Uganda Vs. 1. Kasanda Yusufu, Sebimana Antony, Bahama Yowana & Katamba 1978 223
Criminal Procedure - appeals - appeal made after plea of guilty - no appeal where plea
of guilty is entered.
Criminal Procedure - judgment - judgment written after plea of guilty - judgment only
written where there is trial and evidence adduced and heard.
Criminal Procedure - pleas - plea of guilty to offence of receiving or retaining entered

as "I admit offence" - whether plea properly recorded - accused must plea to each and
every ingredient of offence otherwise plea of not guilty to be recorded.
Criminal Procedure - pleas - accused pleaded guilty - magistrate remanded him for
sentence without entering conviction - whether proceeding proper.
Kebengi Didasi Vs. Uganda 1978 216

Criminal Procedure - assessors - summing up to assessors - evidence disclosed
alternative offences not put forward by accused - the issue of manslaughter ought to
be left to the assessors for not doing so constitutes grave miscarriage of justice since
every man on trial for murder is entitled to have that issue left to the assessors.
Criminal Procedure - duty of court - defences not raised by accused but emerge from
the evidence - it is the duty to the court to deal with such alternative defences as
emerge from the evidence albeit not put forward or raised by the accused.
Dhatemwa Amisi Alias Waibi Vs. Uganda 1978 218

Criminal Procedure - confession - admissibility of confession - where accused raises
objection thereto, the court must make a full inquiry into the circumstances in which
the confession was made and make a ruling thereon - trial within - a trial - procedure
therefore laid down in Kinyori s/o Kiruditu.
Criminal Procedure - trial within a trial - evidence given in main trial is not evidence
for trial within a trial - extra judicial statement must be proved by the person to whom it
was made - such statement must be proved by the person to whom it was made -
such person top be called to prove the voluntary nature of the statement.
Uganda Vs. Irumba Isaka & 4 Others 1978 229

Criminal Procedure - indictment - amendment of indictment - application by prosecutor
at trial to amend indictment by addition of a count in respect of offence disclosed in
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summary of evidence already read accused at preliminary proceedings - application
oral - whether application proper - whether High Court can alter indictment at trial -
s.48 TID - circumstances under which alternation to be made.
Uganda Vs. Ndungo George 1978 221

Criminal Procedure - accused disputed charge read to him - magistrate entered plea
of guilty - accused accepted facts put to him - accused convicted on plea of guilty -
Criminal Procedure - magistrate recorded plea of guilty - accused explained right to

apply for bail - whether right to apply for bail exists after plea of guilty.
Kiwanuka John Vs. Uganda 1978 271

Criminal Procedure - charges - charges of using on road of motor vehicle in dangerous
conditions c/s. 115(1) and (5) (a) of Traffic & Road Safety Act, 1970 - class of vehicle
under s.107 of the same Act omitted from the charge - whether such omission
improper.
Criminal Procedure - jurisdiction - whether a magistrate grade II had jurisdiction to

entertain a charge under s.115(1) (a) of the Traffic and Road Safety Act - Schedule 1
to MCA.
Uganda Vs. Katerega Vincent 1978 272

Criminal Procedure - jurisdiction - grade III magistrate tried offence of burglary and
theft - whether could impose sentence of 9 months imprisonment.
Uganda Vs. Kagoma Kasim 1978 265

Criminal Procedure - discharge - accused pleaded guilty to theft of a bunch of matoke
and piece of sugar cane - accused disappear on ground of triviality of offence - accused
discharged on ground of travaility of offence - whether order of discharge proper.
Kalule Abdul Vs. Uganda 1978 266

Criminal Procedure - charges - citing wrong section in statement of offence - whether
fatal to conviction -not fatal if particulars of spell out offence committed and accused
understands the offence charged and is not thereby prejudiced.
Criminal Procedure - pleas - recording of pleas - procedure laid down in Adan Vs.
Republic - it is not necessary to teach the accused the legal definition and the
ingredients of the offence charged - sufficient if the charge is explained and accused
told the committed the offence with the necessary intent.
Uganda Vs. Mwebesa 1978 275

Criminal Procedure - charge - joinder of charges - housebreaking c/s.281(1) and theft
c/s. 252 Penal Code Act joined in one count - each offence must be set out in a
separate count - charge bad for duplicity vide s.84 Magistrates' Courts Act.
Uganda Vs. Lwanga Charles 1978 264

Criminal Procedure - discharge - discharge of offender u/s.202 MCA without proof of
charge - whether discharge order proper.
Uganda Vs. Ojangole Raimondo & Ikedit Gaudensia 1978 263
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Criminal Procedure - pleas - plea of guilty to a charge of obstructing a court officer
c/s.106 of the Penal Code - charge not disclosing the nature of the obstruction-
plea equivocal and unsatisfactory.
Uganda Vs. Lote Joseph 1978 269

Criminal Procedure - pleas - accused's plea of guilty on arraignment to a lesser and
cognate offence rejected by prosecution - such plea is totally immaterial in
subsequently determining the guilt of the accused - a reference to such plea would be
a grave and prejudicial misdirection.
Criminal Procedure - witnesses - hostile witness - treating a witness hostile

tantamount to finding that such witness is unreliable, and his evidence should be
given little, if any weight.
Uganda Vs. Kagundire James & Kaleveri Kalemera 1978 284

Criminal Procedure - trial - discharge of accused person when there is no case to
answer - application of s.125 Magistrates' Courts Act, 1970.
Criminal Procedure - until non-appearance of prosecutor or complainant at hearing -

when case may be dismissed under s.117 of the Magistrates' Courts Act, 1970.
Uganda Vs. Bamutula Venansio 1979 4

Criminal Procedure - pleas - plea of guilty entered - no conviction entered - sentence
imposed before conviction - whether procedure proper.
Uganda Vs. P/C Malingo 1979 5

Criminal Procedure -bail - magistrate's courts have power to grant bail where the
offence is not punishable by death.
Uganda Vs. Musoke Patric 1979 6

Criminal Procedure - jurisdiction - although grade III Magistrate can try offences of
burglary and theft he cannot impose sentence exceeding 6 months imprisonment -
s.158 (1) (d) MCA 1970 Schedule 2.
Criminal Procedure - pleas - plea of guilty to two counts - plea to second count
equivocal but ingredients of offence inferred from plea of 1st count - whether conviction
proper on second count.
Uganda Vs. Akai s/o Eloloyi & Others 1979 8

Criminal Procedure - charges - charges sheet not stating date of commission of
offence - date to be stated with reasonable clearness - whether omission fatal to
conviction.
Criminal Procedure - courts - duty of courts - appellate court - appellate court has duty
to subject whole evidence to fresh and exhaustive scrutiny, make its own findings and
draw its own conclusions - whether this duty applies to court exercising revisionary
powers.
Criminal Procedure - revision - whether Chief Magistrate has power to revise decisions
of Magistrate grade II and III.
Page 256
Criminal Procedure - trial - joinder of persons - though persons can be charged jointly
court must evaluate and assess evidence against each accused separately for
criminal liability is individual and not collective.
Uganda Vs. Magogwa Paskali 1979 7

Criminal Procedure - Fuctus Officio - applicable after sentence.
Criminal Procedure - jurisdiction - grade II magistrate has no jurisdiction to try offence

u/s.155 Penal Code.
Criminal Procedure - jurisdiction - lack of it by magistrate - right procedure is to

transfer case to competent court - powers of the court to which the case is transferred.
Criminal Procedure - trial - what amounts to trial - whether trial incomplete by lack of
sentence - where there is no trial a retrial cannot be ordered - trial is complete after
sentence.
Ajayi Jackson Vs. Uganda 1979 11

Criminal Procedure - jurisdiction - Chief Magistrates have jurisdiction to carry on part
heard cases of manslaughter where evidence had commenced before first January,
1979 - Magistrates' Courts Act (Amendment) Decree 18/1978 (S.I. (e).
Uganda Vs. Nviri Joseph & Lutaya Philocy 1979 3

Criminal Procedure - Pleas - Plea of guilty entered by magistrate for fear of
complainant - whether plea voluntary.
Rwabitontoli s/o Bidabali & Kinyonyi Yowasi Vs. Uganda 1979 2

Criminal Procedure - charges - citing non-existent section in charge sheet - whether
fatal to conviction.
Criminal Procedure - pleas - plea to non-existent offence - recording showing

understanding by accused of offence committed - effect of such plea.
Uganda Vs. F. Makumbi & Seremba M. 1979 1

Criminal Procedure - reconciliation - accused and complainant sought reconciliation
after conviction of accused but before sentence - magistrate allowed reconciliation -
Uganda Vs. Nyakuni Asumani 1979 34

Criminal Procedure - bail-accused charged with manslaughter - whether Chief
Magistrate has power to grant bail to try charged with manslaughter.
Criminal Procedure - jurisdiction - accused charged with manslaughter - whether

Chief Magistrate has power to try offence -s.1 (a) Decree 18 of 1978.
Uganda Vs. D. Kaya 1979 35

Criminal Procedure - stay of proceedings - s.156 of the M.C.A. 1970.
Katana Yusufu & Kamulegeya Edward Vs. Uganda 1979 36
Page 257
Criminal Procedure - extradition - Extradition Act, s.2 (c ) - no extradition where
fugitive criminal is charged with an offence in Uganda other than that for which he is
to be extradited unless he has been discharged - where extradition offence is same as
that charged, extradition order may be made.
Uganda Vs. Fadul, Juma Said & Dogo 1979 37

Criminal Procedure - dispensation of accused - whether covered by s.135 of the M.C.A
for s.51 of the same or both section either together or separately.
Uganda Vs. Onyabo Stephen & 4 Others 1979 39

Criminal Procedure - convictions - conviction ought to based on the evidence actually
adduced - it is dangerous to indulge in mental gymnastics in order to arrive at a
conclusion or draw an inference of guilt.
Criminal Procedure - no case to answer - submission of no case to answer -whether

or not there is a case to answer depends on the existence of a prima facie case -
meaning of prima facie case - circumstances under which a submission of no case to
answer can be upheld.
Uganda Vs. Kefa Jelala 1979 88

Criminal Procedure - committal to prison - accused committed to prison on same day
default sentence imposed - whether procedure proper - s.193 M.C.A. 1970.
Criminal Procedure - pleas - accused pleaded guilty - no facts stated by prosecutor-

record indicated is facts as related on charge sheet - it’s the duty of the court to
record in detail the facts as per prosecutor where a plea of guilty is entered.
Nabulere Abudala, Kuleseni Mubula & Bosa Asani Vs. Uganda 1979 77
Criminal Procedure - Appeals - first appellate Court - Duty of a first appellate court to
consider conflicting evidence and draw own inferences - allowance to be given for not
having seen or heard witnesses.
Criminal Procedure - witness - conduct of witness at the time of attack - allowance

must be given for individual characteristics.
Ssekamwa Godfrey alias Lubega Vs. Uganda 1979 119

Criminal Procedure - minor cognate offence - a "cognate" offence is one which is of
the same genus or species - test whether another offence can be substituted is
whether accused has had a fair opportunity to make a defence to the alternative
offence.
Criminal Procedure - retrial - retrial not to be ordered to fill gap in prosecution case.
Uganda Vs. Nyonyintono Patrick Valantino 1979 125

Criminal Procedure and Practice - charge of being idle and disorderly c/s.162 Penal
Code - need to specify the particular offence.
Criminal Procedure and Practice - powers of Chief Magistrate over lower magistrates-
whether a Chief Magistrate has power to release on bail a person properly convicted
and sentenced by a lower magistrate.
Page 258
Criminal Procedure and Practice - charge sheet - citing the wrong section - duty of
the court to check the charge sheet.
Uganda Vs. Tukei Timothy s/o Longole 1979 127

Criminal Procedure - charges - accused charged with criminal trespass c/s 286(a)
Penal Code - particulars of charge did not disclose the place accused is alleged to
have entered - the necessary specific intent not particularized.
Criminal Procedure - please - charge of criminal trespass c/s.286(a) whether the

admitted entering the village purposely to drink - whether the admission amounted to
a plea of guilty.
Criminal Procedure - sentences - omnibus sentences - such sentences are illegal -

instead, separate and distinct sentences should be made for each conviction.
Uganda Vs. Batulumayo Kawesa 1979 171

Criminal Procedure - sentences - default sentence - s.192 (d) M.C.A. - that section
lays down the maximum default sentences to be awarded - any sentence in excess
thereof is illegal.
Criminal Procedure - sentencing - powers of courts - whether a court has power to

impose an alternative custodial sentence on conviction for offences punishable only by
a fine.
Uganda Vs. Mafabi Edward & Magomu James 1979 172

Criminal Procedure - charges - minor and cognate - whether accused person can be
found guilty of an offence more serious than the offence charged - M.C.A. s.143.
Criminal Procedure - jurisdiction - Magistrates Courts - jurisdiction of Grade III

Magistrates - failure to comply with the provisions of s.164 M.C.A. 1970 - M.C.A.
ss.160 (1), 164, schedule 1.
Ndege Wilson & Kaahwa Leo Vs. Uganda 1979 162

Criminal Procedure - preliminary hearing - s.64 T.I.D. - admission of facts at the
preliminary hearing and principles to be followed - section to be used to put on record
only normal evidence to ensure an expeditious and efficient trial - which facts ought to
be admitted - role of court interest of administration of justice and accused's right to
be free and fair trial.
Criminal Procedure - summary of evidence - preparation and function of summary of

evidence - s.173 (2) M.C.A. - Summary of evidence to include maximum material
except inadmissible evidence.
Uganda Vs. Ziraba Divisa 1979 168
Criminal Procedure - sentencing - young offender - punishments for persons under 18
years of age - M.C.A. s.190 - criteria for passing suitable sentence.
Uganda Vs. Eboru s/o Emeu 1979 169

Criminal Procedure - sentencing - default sentence M.C.A. 1970 s.190 - punishments
for persons under 18 years of age M.C.A. 1970 s.190 - an order by minister s.190
Uganda Vs. Wanerera Yowana 1979 170
Page 259
Criminal Procedure - withdrawal - withdrawal of cases u/s 119 (a) M.C.A. - whether a
court having no jurisdiction over a criminal case can order its withdrawal.
Uganda Vs. Rwampigi Paul 1979 208

Criminal Procedure - pleas - recording of pleas - after plea of guilty, facts stated by
prosecutor should be put to the accused to deny or affirm - whether failure to comply
with this procedure is fatal to conviction.
Criminal Procedure - sentences - concurrent and consecutive sentences - where

accused is convicted of more than one offence committed at the same time and place
and forming part of the same transaction, the sentences of each ought to be
concurrent.
Uganda Vs.Edebu Pampilio 1979 209

Criminal Procedure - sentencing - accused sentenced to consecutive sentences for 8
years imprisonment - accused pleaded guilty and cattle stolen recovered - whether
such sentence was excessive in the circumstances.
Criminal Procedure - judgment - when judgment must be written and delivered - it is

improper to write and deliver a judgment where a plea of guilty has been entered.
Uganda Vs. Kiwanuka Christopher 1979 210

Criminal Procedure - jurisdiction - Grade II Magistrate tried case of being in possession
of ammunition without a valid firearm certificate - whether had jurisdiction.
Uganda Vs. Fred Rutoroki 1979 253

Criminal Procedure - evidence - additional evidence - s.334 C.P.R. - although a court
may receive additional evidence so as to reach a just decision, an appellate court can
only do so in exceptional circumstance.
Criminal Procedure - pleas - plea of guilty entered on a charge of doing greivous harm
c.s.212 P.C. - no medical evidence at time of plea to ascertain the natural of the harm
caused - whether pleas based tehreon is unequivocal.
Uganda Vs. M. Kabyanga & 2 Others 1979 251

Uganda Procedure - reconciliation - reconciliation under s.156 MCA - 1970 -
reconciliation is permissible in proceedings for assault or any other offence of a private
or personal nature, not amounting to a felony and not aggravated in degree-threatening
violence c/s. 76 (a) of the Penal Code - the offence of threatening violence is a felony
as defined by s.4 P.C. in that it is punishable with imprisonment for three years or
more - reconciliation not possible in law.
Uganda Vs. Bwambale F. & Kabugho T. 1979 252

Criminal Procedure - charges - charges u/s. 121A Penal Code - knowledge that
woman eloped with a married man not averred in charge sheet - charge sheet did not
state that woman eloped with a married man - wither such charge was defective.
Criminal Procedure - pleas - plea of guilty to charge of elopement c/s. 121A Penal
Code - charge did not disclose that A2 knew that she eloped with a married man -
whether pleas was equivocal.
Page 260
Uganda Vs. Sagani Ngobi Alias Malwa 1980 1
Criminal Procedure - Jurisdiction - Chief Magistrate tried case of manslaughter -
whether he had jurisdiction.
Uganda Vs. Ibwokitai William 1980 3

Criminal Procedure - charges - charge sheet - a proper charge sheet ought to show
the particulars of the accused.
Uganda Oyang Lawrence & Awidi Maria 1980 4

Criminal Procedure - Pleas - recording of pleas - procedure for recording plea laid
down in Adan Vs. Rep-after recording plea of guilty the facts to be outlined by the
prosecution and put to the accused.
Criminal Procedure - rights of accused - an accused, after being convicted and

sentenced, has a right to be informed of his right of appeal.
Uganda Vs. J. Edyau , Y. Aisu & Waibi Swaibu 1980 46

Criminal Procedure - sentencing - sentencing for alternative charges - where separate
offences are charged in the alternative a magistrate should select the appropriate
alternative and convict the accused of that one only.
Uganda Vs. Kiwesi Paulo, Musisi Kirwaana & Nsubuga Habibu 1980 46
Criminal Procedure - revision - initiation of revisional proceedings - application for
enhancement of sentence is duty of state and not of court - enhancement could only
be done pursuant to a hearing - procedure open to the state to enhance sentence,
s.341(2) C.P.C. Act - where the state does not apply for enhancement, High Court
can not intervene and initiate revisional proceedings.
Criminal Procedure - revision - D.P.P.'s consent to enhance sentences - delay by the

Registry in producing accused before High Court - such delay amounts to impropriety
and could work injustice on accused.
Criminal Procedure - sentencing - default sentences - fines and relevant default

sentences -s.192 (d) M.C.A. - for all fines exceeding shs.1000/= maximum default
sentence is twelve months' imprisonment - default sentence in excess of one year
illegal.
Criminal Procedure - young offenders - sentencing of young offenders - consideration

of age of accused - whether accused aged 19 could be on the age borderline of young
offender - suitable punishment for young offenders
Kisuwa Stephen & Kitongo Mary Vs. Uganda 1980 95

Criminal Procedure - charges - alteration of charges - whether charge could be altered
after submission of no case to answer - charge could be altered "at any stage of a
trial" so long as "no injustice to the accused will be caused" - M.C.A. 1970 s.130 -
rationale for amendment - ss.143 - 151 MCA - the Trial on Indictments Decree s.71.
Criminal Procedure - revision - whether a revision of an interlocutory order to alter

charges after a submission of no case to answer was maintainable - C.P.C. ss. 339,
341 - whether an appeal against such interlocutory order could lie - M.C.A. 1970 s.216.
Page 261
Uganda Vs. Kakooza Joseph 1980 100
Criminal Procedure - charges - charge sheet not indicating an ingredient of the
offence charged - conviction based on such charge sheet not supportable.
Criminal Procedure - functus officio - fresh proceedings initiated after passing of

sentence are null and void because magistrate has become functus officio.
Criminal Procedure - sentencing - sentence of imprisonment of accused described to

be 17 years old in charge sheet - such sentence is illegal -s.190(1) M.C.A.
Uganda Vs. Byamugisha Augustine & John Kabaleebe 1980 98

Criminal Procedure - witness - duty of court to summon witness whose evidence is
essential to just decision of the case - failure by magistrate to summon key witness-
Magistrates' Courts Act, 1970 s.98.
Criminal Procedure - witness - right of accused to call witness - court may adjourn
hearing to enable accused to call witness - refusal by magistrate to adjourn hearing -
discretion must be exercised judicially - Magistrates' Courts Act, 1970 s.126.
Uganda Vs. Sabuni Dusman 1981 1

Criminal Procedure - accused - right of accused not give evidence - accused chose to
give sworn evidence and produced witnesses on his behalf - whether assumed any
responsibility to prove his innocence or to disprove the prosecution case - duty of
court to consider such evidence together with other evidence as a whole.
Criminal Procedure - charges - charge of contempt of court c/s.101 (1) (a) of the Penal 1981 6
Code Act-accused showed disrespect in speech with reference to the proceedings
and the proceedings and the Magistrate presiding words uttered by the accused not
spelt out - whether charge proper.
Criminal Procedure - Trial - conducting of trial - accused produced from custody where
he had been remanded and simply cautioned - accused not asked to plead to the
charge - whether trial proper.
Uganda Vs. Baitwababu 1981 7

Criminal Procedure - prima facie case - prosecution made out of a prima facie case
against accused - whether conviction based thereon proper.
Criminal Procedure - sentencing - sentence of imprisonment passed on accused aged

15 - whether legal under s.190(1) of M.C.A.
Uganda Vs. Bambeijo & Anor 1981 4

Criminal Procedure - sentencing - mitigation of sentence - it is important that before
sentence is passed the accused person is asked to say whatever he wishes to say in
mitigation of sentence.
Uganda Vs. Ochola & 2 Others 1981 8

Criminal Procedure - sentencing - suspended sentence - whether magistrate Grade
II has power to impose suspended sentence.
Page 262
Uganda Vs. Kassim Musa Obura & anor 1981 9
Criminal Procedure - indictment - second accused neither committed nor before the
court - whether first accused thereby materially prejudiced.
Uganda Vs. Omondi Richard (Juvenile) 1982 6

Criminal Procedure - Magistrates' Courts - Criminal Jurisdiction - a magistrate Grade
II has no jurisdiction to try the offence of maliciously administering poison with intent
to harm c/s 214 of the Penal Code Act (Cap.106 -jurisdiction excluded by Magistrates'
Court Act 1970 schedule 1.
Criminal Procedure - Trial of Juveniles - procedure - juveniles not to be remanded in

prison custody.
Ogutu Margaret & 2 Others Vs. Uganda 1982 85

Criminal Procedure - adjourned hearing - dismissal of charge - where complainant
does not appear at adjourned hearing court may dismiss charge under s.121(1) of
Magistrates' Courts Act No.13 of 1970 - dismissal before closure of prosecution case
or before accused put to defence is not acquittal and cannot be bar to subsequent
proceedings.
Criminal Procedure - Magistrates' Courts - withdraw from prosecution - court should

consider withdrawal at any time raised by prosecution and discharge or acquit
accused under s.119 of Magistrates' Courts Act 1970
Criminal Procedure - prosecution case - closure - where prosecution asks court for
time to call witnesses but unsuccessful, does not amount to closure of prosecution
case s.125 of Magistrates' under Courts Act No.13 of 1970 - charge to be dismissed
under s.121(1) of Magistrates' Courts Act 1970.

Criminal Procedure - charge sheet - scene of crime - improper description - location ]
minor issue where evidence indicates commission of crime.
Criminal Procedure - powers of arrest of a private person - private person can arrest
person reasonably suspected of having committed a felony - Criminal Procedure Code,
s.28 - ordinary civilian security officer has no special powers of arrest.
Criminal Procedure - powers of arrest and detention of police officer police officer has
greater powers of arrest than private person - police officer has duty to ensure that any
arrest or detention he make is according to law and cannot avoid legal responsibility
by claiming to act upon orders of a private person.
Uganda Vs. Bitambo James 1983 17

Criminal Procedure - charge sheet - defective - statement of offence reciting accused
obtaining goods by false pretence whereas particulars of offence alleging obtaining
money - age of accused not shown.
Kayemba Francis Xavier Vs. Uganda 1983 30

Criminal Procedure - appeals - first appellate court - duty of court to re-evaluate
Page 263
evidence.
Criminal Procedure - prima facie case - meaning - means such evidence as reasonable
tribunal, properly directing its mind to law and evidence could convict if no explanation
offered by accused - does not mean proof beyond reasonable doubt-court not required
nor supposed to decide fully whether evidence worth of credit or weightily to move case
conclusively.
Criminal Procedure - submissions - no case to answer - when submission may be

held.
Kimeze Grace Vs. Uganda 1983 9

Criminal Procedure - charge sheet - particulars of offence - particulars to be sent out
in ordinary language - use of technical terms not necessary.
Criminal Procedure - charge sheet - particulars of offence - kidnapping with intent to

murder- the words "seized and forcibly took away" to be included in particulars.
Uganda Vs. Kadiri Matovu & Another 1983 27

Criminal Procedure - charge sheet - particulars of offence - kidnapping with intent to
murder words "seized and forcibly took away" to be included ion particulars.
Criminal Procedure - charge sheet - particulars of offence - particulars to be set out

in ordinary language - use of technical terms not necessary.
Uganda Vs. Kamalawo Dezi & 4 others 1983 23

Criminal Procedure - confession - meaning - confession connotes unequivocal
admission of having committed act amounting to crime.
Criminal Procedure - confession - person in authority - anyone engaged in arrest

detention and examination or prosecution of accused's person in authority.
Criminal Procedure - criminal investigations - soldiers - although soldiers not police

officers, when engaged in investigation of offences, rules governing police investigation
apply-no confession made before investigation officer whether soldier, police officer
or chief is admissible.
Kassim Musa Obura Vs. Uganda 1983 3

Criminal Procedure - indictment - co-accused where indictment include name of co-
accused not committed for trial indictment defective - defect not so material as to
occasion failure of justice and curable under s.137 of the Trial on Indictments Decree
No.26 of 1971.
Criminal Procedure - trial - assessors - absence - once decision taken in accordance

with provisions of s.67(1) of Trial on Indictments Decree No.26 of 1971 to proceed with
trial with one assessor in absence of other assessor, absentee ceases to be assessor
and wrong for court to allow him to resume seat and give opinion on case -where
assessor has heard all evidence for prosecution and defence him to return and
participate not so fundamental a breach so as to render trial nullity - irregularity
curable under s.137 of the Trial on Indictments Decree No.26 of 1971.
Page 264
Criminal Procedure - trial - assessors - absence - where one of assessors absents
himself and not practicable for court to immediately enforce his attendance court may
proceed with hearing of case with one assessor under s.67(1) of Trial on Indictments
Decree No.26 of 1971.
Uganda Vs. Kakooza John & Fred Kayizi 1983 19

Criminal Procedure - indictment - kidnapping with intent to murder c/s235(1) (a) Penal
Code Act - statement and particulars of offence - when drawing indictment requisite
intent in statement of offence must conform to intent in particulars of offence.
Kizza Francis Vs. Uganda 1983 12

Criminal Procedure - powers of arrest - chief - when arresting a person a chief exercises
his powers as a chief and not as a police man.
Sentamu Fredrick Vs. Uganda Commercial Bank & Another 1983 59

Criminal Procedure - powers of arrest - Military Police Officers - nature of powers of
arrest given to Military Police Officers under Military Police (Powers of Arrest) Decree
No. 19 of 1973.

Criminal Procedure - appeals - first appellate court - duty of court to re-evaluate
evidence.
Criminal Procedure - prima facie case - meaning - means such evidence as

reasonable tribunal, properly directing its mind to law and evidence could convict if no
explanation offered by accused - does not mean proof beyond reasonable doubt -
court not required nor supposed to decide fully whether evidence worth of credit or
weighty to prove case conclusively.
Criminal Procedure - submissions - no case to answer - when submission may be

upheld.

Criminal Procedure - trial with assessors - summing up to assessors recording - judge
should record summing up of case to assessors in notes - Trial on Indictments Decree
1971, s.81(1).
Kilanda & Others Vs. Uganda 1984 18

Criminal Procedure - appeals - bail pending appeal - delay in hearing appeal not in
itself ground for granting bail.
Criminal Procedure - appeals - bail pending appeal - principles on which to be

determined.
Uganda Vs. Muhamood Seninde Sebagala 1984 8

Criminal Procedure - appeal - Notice of appeal - it is mandatory for the notice of appeal
to be signed by the appellant or his advocate.
In the matter of bail application by Baraki Kirya 1984 11

Criminal Procedure - application - High Court - applications to be always in writing -
oral applications permissible provided no evidence necessary - where evidence
Page 265
necessary affidavit to accompany application otherwise omission fatal.
Criminal Procedure - pleas - pardon - it is premature to entertain plea of presidential

pardon before indictment filed and trial commonced.
Uganda Vs. Emmanuel Yang 1984 25

Criminal Procedure - charges - alternative charges - alternative charge not to be
numbered as count.
Criminal Procedure - judgment - delivery by different magistrate - indicated to show

reasons for failure of trial magistrate to deliver own judgment under s.142(2) of
Magistrates' Courts Act No. 13 of 1970.
Criminal Procedure - trial -conviction - trial - charge sheet - where wrong section
indicated on charge trial court to cause amendment to be made before proceeding
with hearing of case - error not fatal where particulars of offence clearly indicated crime
accused charged with.
Criminal Procedure - trial - conviction - trial court to indicate in judgment offence charge
and law under which accused convicted.
Criminal Procedure - trial - record - record to show steps taken by court on date of
judgment under s.134(5) of the Magistrate's Courts Act No.13 of 1970.
Uganda Vs. Nicholas Okello 1984 22

Criminal Procedure - jurisdiction - Magistrate Courts - a magistrate Grade I has no
jurisdiction to try the offences of rape c/s 119, defilement c/s 123(1) attempted
defilement c/s 123(3) of the Penal Code Act (Cap.106).
Uganda Vs. Kawesa John & Anor 1984 13

Criminal Procedure - magistrates' courts - appeal - right of the D.P.P. to appeal
against sentence where the accused convicted on own plea of guilty.
Criminal Procedure - revision - petition for a revisional order - whether the D.P.P. is
liable to pay filing fees.
Criminal Procedure - revision - right of the D.P.P. to petition for a revisional order
against lenient sentence where the accused convicted on own plea of guilty.
Nkera Vs. Uganda 1984 3

Criminal Procedure - sentencing - compensation - an order for payment of
compensation must specify the amount.
Criminal Procedure - sentencing 0 compensation - an order for compensation of

victim of crime by more than one convicted accused persons must specify whether
each accused is liable to pay the total compensation ordered jointly and severally
with his co-accused.
Uganda Vs. Adrabo Benete 1984 28

Criminal Procedure - trial - conviction - trial court ought first to record a conviction
against the accused before sentencing him otherwise sentence illegal.
Page 266
Criminal Procedure - trial - sentence - sentence without conviction illegal and cannot
be allowed to stand.
Uganda Vs. Lwanga Paul 1984 20

Criminal Procedure - trial - pleas - need to record accused's own words in answer to
the charge - failure to do so not necessarily fatal as it may be cured by accused
admitting facts outlined by prosecutor.
Criminal Procedure - trial - pleas - plea of guilty should only be entered where the
accused has unequivocally admitted the offence and all essential ingredients.
Uganda Vs. Akidi Matia 1985 1

Criminal Procedure - Bail - murder - bail to be granted where unusual situation calls
for unusual relief.
Uganda Vs. Ndondo Kshama Bernard & 2 Others. 1985 3

Criminal Procedure - charges - D.P.P.'s consent - where proceedings require DDP's
consent accused not to be charged and tried before such consent obtained otherwise
proceedings to be nullity.
Criminal Procedure - trial - functus officio rule - court only becomes functus officio after
passing sentence - where court illegally convicts accused may set it aside before
sentencing.
Uganda Vs. Okello Bosco 1985 2

Criminal Procedure - dismissal of charge - lack of jurisdiction - where magistrates lack
jurisdiction over charge may not dismiss it.
Omosingoit J.P.P.X. Oliso Vs. Federiko Ibunyat & 2 Others 1985 89

Criminal Procedure - magistrates' courts - governing rules - two different regimes of
rules for professional and lay magistrates - professional magistrates to apply Civil
Procedure Rules - lay magistrates to follow rules in schedule 3 of Magistrates' Courts
Act.
Criminal Procedure - re-trial -under disability - re-trial undesirable as provides party

with judicial advice on which can remedy defects as existed in case when originally
presented - to be ordered only when original trial illegal and defective.
Uganda Vs. Hon Paul Kawanga Semogerere & 2 Others 1985 4

Criminal Procedure - Right of Appeal - Director of Public Prosecutions - grant of bail-
D.P.P. has no other right of appeal except right of appeal against acquittal under
s.216(5) of the Magistrates' Courts Act No.13 of 1970.
Mibuulo Luusi Vs. Uganda 1985 5

Criminal Procedure - pleas - plea before facts - plea not to be taken unless prosecutor
given a resume of facts and accused admits them - wrong for court to record
conviction - prosecution not to take appellant for plea nor ready with facts at hand.
Criminal Procedure - pleas - retracted plea - court has discretion to allow accused to
charge plea of guilty to one of not guilty at any stage in proceedings.
Page 267
Lubega Bernado Vs. Uganda 1985 9
Criminal Procedure - substituted conviction - when invoked - principle not to be invoked
where offence not minor and cognate - substituted conviction of attempted theft for one
of attempt to obtain money by false pretence bad in law.

Criminal Procedure - assessors - summing up - summing up and recording of opinion
of assessors to be done in accordance with Trial on Indictment Decree No.26 of 1971.
Criminal Procedure - aggravated robbery - deadly weapon - deadly weapon to be

speicified in indictment - where not specified in indictment but in summary of evidence
defect curable u/s. 331 (1) of the Criminal Procedure Code Act (Cap.107).

Criminal Procedure - Appellate Court - examination of evidence - duty of appellate
court to submit evidence to fresh and exhaustive scrutiny.
Criminal Procedure - circumstantial evidence - conviction - inculpatory facts to be

incompatible with innocence of accused and incapable of explanation upon any other
hypothesis other than that of guilty conviction.
Criminal Procedure - trial court - prejudicial remarks - court not to make remarks
prejudicial to the accused.
Sengendo Ahmad Vs. Uganda 1986 32

Criminal Procedure - bail - capital offences - bail not to be granted in case of illness
under s.14(2) of T.I.D. unless court satisfied that illness really grave and incapable of
adequate medical treatment while applicant in custody.
Uganda Vs. Luzinda Lawrence 1986 33

Criminal Procedure - Bail - higher court - where application rejected by higher court
not to be renewed before lower court - where renewed before lower court file to be
referred to higher court.
Criminal Procedure - bail - cancellation - bail agreement to be cancelled only by court

by which made on satisfaction that breached or about to be breached - lower court not
to cancel bail granted by higher court - cancellation by lower amounts to revision which
lower court has no power to make.
Mugerwa Ahmed Salongo Vs. Uganda 1986 25

Criminal Procedure - bail - capital offences - certificate from Medical Board to be
produced before granting bail under s.14 A (2) of the Trial on Indictments
(Amendment) Act No.5 of 1985.
Criminal Procedure - bail - capital offences - exceptional circumstances exhaustively

defined in s.14 (A) (2) of the Trial on Indictments (Amendment) Act No.5 of 1985.
Echemu Charles Vs. Uganda 1986 35

Criminal Procedure - bail - capital offences - exceptional circumstances to be shown
to justify releasing applicant on bail.
Page 268
Nakyeyune Masitula Vs. Uganda 1986 17
Criminal Procedure - bail - exceptional circumstances - grave illness - in absence of
medical board court to substitute its own decision based on available evidence and
decide whether illness incapable of adequate medical treatment while accused in
custody.
Uganda Vs. Kabugo & 3 Others 1986 24

Criminal Procedure - Trial - Nollo Presequi - neither court nor accused to question
D.P.P's powers as unfettered and absolute.
Nantume Rosemary Vs. Kiyingi Nathan 1986 26

Criminal Procedure - conviction - count not on charge - count surprise to acused and
contravences s.86 of M.C.A. - charge to contain statement of specific offence with
which accused charged together with rreasonable information as to nature of offence
charged.
Uganda Vs. Wentima Lakot 1986 27

Criminal Procedure - parties - Criminal Proceedings - whether or not the prosecution
in private parties in criminal proceedings to be Uganda for prosecution and accused for
prisoner.
Criminal Procedure - pleas - equivocal plea for assault equivocal where accused tries
to explain reason for assault.
Criminal Procedure - private prosecution - charge - formal charge to be drawn when

magistrate satisfied that prima facie case discloses commission of offence under
s.41 (1) of Magistrates' Court act No.13 of 1970 - where charge drawn in contravention
of this provision charge null and void.
Criminal Procedure - private prosecution - complaint - complaint in writing and signed

by complainant to be made before prosecution - where complaint made orally to be
reduced into writing by magistrate and signed by complainant u/s41 (3) Magistrates'
Courts Act No. 13 of 1970.
Mugabi Samwiri Vs. Uganda 1986 11

Criminal Procedure - pleas - conviction before facts - improper procedure for court to
convict accused first and then hear facts from prosecutor - after entering pleas
prosecution to read facts before convicting accused.
Criminal Procedure - pleas - simple cases - words "I admit charge" unequivocal plea
in simple cases like theft but unacceptable in complicated crimes.
Uganda Vs. Bakamise George William 1986 15

Criminal Procedure - conviction - arson - conviction proper only where accused admits
acting both willfully and unlawfully - where plea equivocal conviction not to stand.
Criminal Procedure - functus officio rule - change of conviction - court to set aside
earlier conviction before entering different verdict as not functus officio until after
sentence - where not done conviction not to stand.
Birikadde Muhamed Senyomo Vs. Uganda 1986 6
Page 269
Criminal Procedure - summing up - assessors - summing up to be done in simple
language and judge to restrict himself to explanation of law applicable to case - long
discussion of five legal principles undesirable or may confuse assessors.
Uganda Vs. Zikolare & 2 Others 1986 21

Criminal Procedure - withdrawal of charge - part heard case - it is wrong for trial
magistrate to refuse to grant adjournment and dismiss charge u/s 117 M.C.A. where
case part heard strong evidence already given by prosecution and accused on bail-
section applicable in such case is s.121 of M.C.A. and not s.117 (1) M.C.A.
Kimani Andrew Citan Vs. Uganda 1987 7

Criminal Procedure - appeals - application to appeal out of time - ignorance of law
governing appeals not of itself sufficient ground for extending time-where coupled with
other reasons or special circumstances and clear that delay not caused by dilatory
conduct of applicant may amount to sufficient reason for extension.
Criminal Procedure - appeals - application to appeal out of time - issue not whether
appellant shown justification for delaying in making up mind to refract plea of guilty but
whether appellant shown - sufficient cause to justify being granted extension of time in
which appeal - regard to be had to circumstances of case and merits of excuse put
forward for not adhering to original time.
Criminal Procedure - appeals - application to appeal out of time - mere fact that appeal
appears likely to succeed not of itself to amount to sufficient reason for extending
time - inability to take particular step not only valid consideration to be taken into
account - fact that could be denial of justice by refusal or granting of application to
be properly considered.
Criminal Procedure - application - costs - improper to order applicant to pay costs to

state.
Lukoma Abudu & 2 Others Vs. Uganda 1987 20

Criminal Procedure - bail - non-bailable offences - bail not to be granted where although
applicant on remand for long time does not fall under s.14 (2) (b) of T.I.D. and also
where affidavit supporting application at variance with what applicants state in court.
Kaleza Isaac Kawoya & Another Vs. Uganda 1987 21

Criminal Procedure - bail - offences - length of period on remand not reason for
automatic bail - other considerations to be taken into account together with period on
remand - bail not available where other considerations not met.
Uganda Vs. Okello Bosco 1987 13

Criminal Procedure - charges - dismissal - charge to be dismissed only by competent
magistrate under s.17 of Magistrates Court's Act order illegal where magistrate has no
jurisdiction.

Criminal Procedure - pleas - simple cases - "I admit the charge" proper plea in simple
cases but un acceptable in complicated crimes because of numerous fact which must
be specifically pleaded to and admitted by the accused.
Page 270
Uganda Vs. No. UD 15876 Sgt. James Wanyama & Another 1987 15
Criminal Procedure - part - heard case - resumption by different judge - although Trial
on Indictments Decree No.20 of 1971 had no provision similar to s.142 Magistrates
Courts Act No.13 of 1970 does not expressly prohibit judge from hearing part - heard
case - crucial question is whether accused materially prejudiced.
Kanalusasi George Vs. Uganda 1988-90 9

Criminal Procedure - pleas - not guilty - no admission made or words used to an
accused person in answer to a charge can be used to weaken his pleas of not guilty.
Criminal Procedure - assessors - direction - trial judge has duty to direct assessors
on all ingredients of the offence being tried.
Criminal Procedure - judgment - speculation - judgment must be based on evidence

as adduced but not on judge speculation.
Uganda Vs. Kahitira 1988-90 30

Criminal Procedure - submissions - no case to answer - submission to be uphold
where an essential ingredient of the alleged offence. Is not proved.
Criminal Procedure - bail - bail pending revision - chief magistrates can in exercise of
their supervisory power release person on bail pending revision.
Kiwanuka Asumani & Anor Vs. Uganda 1988-90 22

Criminal Procedure - bail - exceptional circumstances - exceptional circumstances
exist where applicant remains on remand for more than 15 months and not committed
for trial within the said period.
Wasyero & 2 others Vs. Uganda 1988-90 23

Criminal Procedure - pleas - equivocal plea - where accused does not admit every
ingredient of the offence charged plea equivocal.
Mike Camillus Oyat Vs. Uganda 1988-90 25

Criminal Procedure - conditions of bail - review - application for review to be made to
court which granted bail otherwise improperly before court.
Uganda Vs. Milton Twikireze 1988-90 37

Criminal Procedure - confessions - unequivocal statement - where statement made by
accused not unequivocal admission of offence does not qualify to be called confession.
Uganda Vs. Muwanga Paulo 1988-90 72

Criminal Procedure - indictment - correctness - correctness or indictment sole
responsibility of prosecution.
Criminal Procedure - indictment - joinder of offences - offences not be joined unless

arises out of same facts or part of system of conduct - misjoinder offends provisions of
s.20 Trial on Indictment Decree.
Criminal Procedure - indictment - place of commission of offence place to be stated if

known - failure to state place disadvantages to accused and offends provisions of
s.20 of Trial on Indictment Decree.
Page 271
Criminal Procedure - separate trials - power of court where there is misjoinder power
of court to order separate trial discretionary.
Ali Fadhul Vs. Uganda 1988-90 51

Criminal Procedure - transfer of cases - different venue - court to transfer case to
different venue on reasonable grounds.

Criminal Procedure - arrangement - pleas - whether a magistrate who lacks
jurisdiction to try the offence can take the accused's plea.
Criminal Procedure - evidence - expart witness - under s.43 of the Evidence Act Cap.
43 court entitled to act on opinion of a medical witness.
Criminal Procedure - jurisdiction - plea - only court having jurisdiction can take the
accused's plea.
Hassan Hussein Abdi Vs. Uganda 1991 38

Criminal Procedure - charge sheet - particulars offence in a charge sheet to be
consistent with the charge preferred.
Uganda Vs. Alfred Oyaka 1991 11

Criminal Procedure - minors - imprisonment of minors - there is no law against the
imprisonment of minors.
Uganda Vs. Olet Charles & Helen Acan 1991 13

Criminal Procedure - - plea - equivocal - all ingredients of offence must be narrated to
and accepted by the accused.
Criminal Procedure - - plea of guilty - manner of recording and steps to be taken in

compliance with the rule in Adan Vs,. Republic.
Criminal Procedure - - plea - whether - equivocal - steps trial magistrate or judge

should take before recording a plea of guilty.
Uganda Vs. R.S. Kiberu 1991 28

Criminal Procedure - pleas - recording proper procedure - trial court to explain all
ingredients of offence to the accused.
Oporoch Stephen Vs. Uganda 1991 8

Criminal Procedure - powers of arrest - private person - private person may arrest
without a warrant any person who in his view commits cognizable offence or whom
reasonably suspects of having committed felony.
Criminal Procedure - trial defence case - defence to be considered adequately

otherwise conviction thereon unsafe.
Uganda Vs. Amone Sieto 1991 2

Criminal Procedure - sentencing - factors considered - lack of a place of abode and
visible means of subsistence not considered in determining sentence.
Page 272
Uganda Vs. Joel Oluka 1991 3
Criminal Procedure - sentencing - corporal punishment - corporal punishment not to
be ordered where accused exceeds 45 years.
Criminal Procedure - sentencing - corporal punishment - corporal punishment not to be

carried out in installments and number of strokes not to exceed 24.
Uganda Vs. Nabugemu Silver 1991 6

Criminal Procedure - sentencing - sentencing before conviction sentence to be
imposed after accused is found guilty and convicted.

Criminal Procedure - agreement of facts - facts to be set out in memorandum - Trial on
Indictments Decree 1971 s.64.
Criminal Procedure and practice evidence - post - mortem report is opinion of doctor
as to cause of death and not capable of itself to prove malice which is a question of
fact.
Criminal Procedure - and practice - agreed facts - setting out agreed facts - failure by
trial judge to set out agreed facts or reading them over to assessors is mere
irregularity that does not render trial a nullity.
Criminal Procedure and practice - summary of evidence - summary record - not form
part of recorded and agreed facts - must be set out in full in memorandum and read
over to assessors.
Nassur Abdalla Vs. Uganda 1992-93 4

Criminal Procedure - appeals - additional evidence - to be taken only in very special
circumstances.
Criminal Procedure - fair trial - bias of judge - when to be relied upon as ground of
appeal- whether apparent on the face of record of proceedings.
Masaba Francis Vs. Uganda 1992-93 17

Criminal Procedure - appeals - interference with conviction - power of court to interfere
with the conviction of the lower court on grounds of procedural irregularities - to be
show that procedure irregularity occasioned miscarriage of justice.
Criminal Procedure - appeals - miscarriage of justice - onus on appellant to show that

procedural irregularity occasioned miscarriage of justice.
Balinda Yonasani Vs. Uganda 1992-93 31

Criminal Procedure - appeals - powers of court of appeal - where appeal against
conviction and sentence on the first count is allowed - whether appellate court should
consider second count which trial judge improperly abandoned.
Criminal Procedure - charges - alternative charges - whether both counts ought to be

dealt with at the trial.
Kimani Andrew Gitau Vs. Uganda 1992-93 1
Page 273
Criminal Procedure - applications - extension to time - time within which to lodge
appeal - applicant to show special circumstances.
Criminal Procedure - applications - cots - not to be ordered against applicant in favor

of state in criminal applications.
Komakech Abdu Vs. Uganda 1992-93 21

Criminal Procedure - assessors - impersonator as assessor - trial becomes defective
when one of two assessors assisting trial judge an impersonator.
Criminal Procedure - retrial - order - retrial not to be ordered where it will cause in
injustice to accused.
Kasule Vs. Uganda 1992-93 38

Criminal Procedure - assessors - summing up - trial judge to sum up case and
evidence for assessors fairly and impartially directing them on law applicable - judge
not to put case to assessors in such a way as to leave little or room for reaching
independent conclusion on evidence and circumstances of case.
Criminal Procedure - confession - retracted confession - to be corroborated unless

court fully satisfied in circumstances of the as that confession must be true.
Javuru Zenon Vs. Uganda 1992-93 7

Criminal Procedure - confessions - repudiated confession - proper procedure of
admitting repudiated confession.
Uganda Vs. Ongom Teresela 1992-93 75

Criminal Procedure - part - heard cases - hearing by another judge - whether judge
entitled to take over another judge's part - heard case - adjournments - powers of
judge to declare hearing of another judge adjourned to session.
Kasana Moses Vs. Uganda 1992-93 47

Criminal Procedure - evidence - identification - single witness - conditions - whether
favouring correct identification.
Criminal Procedure - evidence - identification parade - witness should not have known
the subject before the identification parade.
Binuge Amos & Others Vs. Uganda 1992-93 29

Criminal Procedure - extra-judicial statement - admissibility - where admissibility
contested trial within trial to be held to decide whether on evidence of both sides
confession to be admitted.
Criminal Procedure - sentencing - death penalty - improper where accused indicted and
convicted for murder on more than one count to sentence him to death on each count-
proper procedure is to sentence him on all counts and suspend all sentences except
one.
Piri Yofesi Vs. Uganda 1992-93 33

Criminal Procedure - joinder of charges - kidnapping with intent to murder and murder -
if murder is doubtful proper to charge murder in first count and kidnapping in
Page 274
alternative count.
Magume Goddie Vs. Uganda 1992-93 61

Criminal Procedure - bail - conditions for grant - whether accused's grave illness an
execptional circumstance warranting release on bail.
Uganda Vs. Okwanga Micheal 1992-93 62

Criminal Procedure - plea of guilty - retraction - power of court - trial where in allocutus
accused person's statement suggests plea of not guilty as opposed to plea of guilty
already entered plea of guilty to be withdrawn.
Uganda Vs. Oketh Manuel 1992-93 63

Criminal Procedure - prima facie case - proof - visit of the accused to the deceased
three days before the deceased's death - whether it is enough proof that the
deceased was the assailant.
Uganda Vs. Lenox Omara 1992-93 77

Criminal Procedure - sentencing - nature of the offence - circumstances of the
commission of the offence and personality of the accused to be considered.
Uganda Vs. Kilama Godfrey 1992-93 50

Criminal Procedure - sentencing - review by same court - where a magistrate or judge
announces sentence ceases to have jurisdiction in the matter and can not increase or
reduce sentence as would be functus officio.
Uganda Vs. Akaku Charles 1992-93 49

Criminal Procedure - sentencing - options - accused not to be given option whether to
be imprisoned or pay fine.
Uganda Vs. Thomas Sasa 1994-95 36

Criminal Procedure - plea of guilty -where accused leads to a lesser offence than one
charged - Court's discretion to admit such plea if offence admitted is minor and
cognate offence.
Criminal Procedure - sentencing - factors considered in imposing sentence.
Uganda Vs. Nzaireki Augustine 1994-95 37

Criminal Procedure - murder - plea of guilty to a lesser offence of manslaughter.
Criminal Procedure - sentencing - what factors to be considered.
Uganda Vs. Kilama Geoffrey 1994-95 38

Criminal Procedure - pleas - plea taking - charge of plea - propriety of entry.
Criminal Procedure - default sentence - illegality of sentencing accused to longer term

of imprisonment than stipulated in S.192 MCA.
Criminal Procedure - sentencing - functus officio rule d- Magistrate cannot alter

sentence four months later.
Uganda Vs. Kankiriho James & Bateta Annet alias Pegi 1994-95 43
Page 275
Criminal Procedure - sentencing - sentence commensurate to circumstances of the
commission of the offence - whether sentence with no reasons is proper.
Criminal Procedure - alternative sentence when given - compensation - whether it can

be ordered in criminal proceedings.
Uganda Vs. Assimwe Abakari 1994-95 30

Criminal Procedure - evidence - whether evidence of one eye witness without
corroboration is sufficient to secure a conviction on murder.
Criminal Procedure - burden of proof - proof beyond reasonable doubt - what amounts
to proof beyond reasonable doubt - who has the onus to prove in a criminal case.
Uganda Vs. Byakagaba Nicholas & Bahemuka Robert 1994-95 34

Criminal Procedure - conviction on minor and cognate offence - what amounts to minor
and cognate offence - whether offence under the Firearms Act is minor and cognate
offence of Robbery contrary to s.272 of the Penal Code Act.
Kuka John Vs. Uganda 1994-95 8

Criminal Procedure -recording of assessors opinion to be recorded according to the
provisions of s.81(1) of the Trial on Indictment Decree.
Namanda Esau Vs. Uganda 1994-95 9

Criminal Procedure - Perjury - procedure to follow when charging a person of perjury.
Isiko Henry alias Kalidi Vs. Uganda 1994-95 6

Criminal Procedure - charge sheet - charge of theft should be added to a charge sheet
as an alternative to a charge of obtaining money by false pretence.
Mulwani Ben PC & Wakida Francis Vs. Uganda 1994-95 4

Criminal Procedure - confession - what amounts to a confession.
Criminal Procedure - expert evidence - competence of exprte witness to be established.
Uganda Vs. Semanda Polly 1994-95 23

Criminal Procedure - evidence - identification - major contradictions in eye witness
accounts weakens prosecution case.
Uganda Vs. Semanda Patrick 1994-95 24

Criminal Procedure - evidence - identification - memorandum of agreed facts contains
evidence of positive identification - this evidence of identification cannot be challenged.
Akol Patrick Vs. Uganda 1994-95 1

Criminal Procedure - evidence of a child of tender years - age at which vior dire
examination is necessary.
Olowe Anthony Olutunde Vs. Uganda 1996 26

Criminal Procedure - charge sheet - a charge sheet must be clear about the
particulars of offence otherwise it is defective.
Criminal Procedure - pleas - the procedure to record pleas must be followed.
Page 276
Criminal Procedure - sentencing - who has powers to issue a deportation order under
the Immigration Act.
Uganda Vs. Mawanda Stephen 1996 40

Criminal Procedure - dismissal of case due to absence of prosecution - what amounts
to absence or presence of prosecutor not present if not prepared to proceed -
preliquisites before case can be dismissed - s.117 Magistrate Courts Act, 1970.
Uganda Vs. Senyomo Kagezi Yusufu 1996 37

Criminal Procedure - conviction on the basis of a single identifying witness.

Criminal Procedure - alibi - evidence of both prosecution and defence must be
evaluated.
Criminal Procedure - appeals - it is the duty of a first appellate court to properly

re-evaluate the evidence.
Criminal Procedure - evidence - factors to take into account when to convict on evidence
of a single identifying witness.
Ekolu Sam alias Obote Vs. Uganda 1996 3

Criminal Procedure - section 81(1) of the Trial on indictment Decree - non-compliance
with this section renders the trial a nullity.
Bakojja Gerald Vs. Uganda 1996 42

Criminal Procedure - bail application - infancy is an exceptional circumstance which
warrants grant of bail.
Uganda Vs. Ntambazi Godfrey & Mulindwa Akim 1996 29

Criminal Procedure - identification parade - rules/procedure to be followed.
Kataryeba Zakary & 3 Others Vs. Uganda 1996 16

Criminal Procedure - charge sheet - conviction for a non -existing offence - whether
s.86(a) (ii) of the Magistrates' Courts Act contravened.
Criminal Procedure - legal representation - denial of accused to lawyer of their choice-

whether accused's constitutional rights violated - whether section 154 of the MCA
voidable.
Criminal Procedure - illegality - collective defence - effect of denial of other accused

rights to give evidence in defence.
Criminal Procedure - locus in quo - effect of irregularity in visit by court.
Uganda Vs. Pattni Manish 1996 19

Criminal Procedure - appeals - power of appellate court to evaluate the whole evidence.
Criminal Procedure - evidence - admission of statement to police by deceased person-

whether admissible by calling other witness - such statement not admissible.
Page 277
Rubarema Godfrey Vs. Uganda 1997 6
Criminal Procedure - private complaint by letter from Sub-county Chief - letter placed
on court file without writing out its contents - whether there is compliance with s.41(4)
(a) of MCA.
Criminal Procedure - private prosecution u/s 41 MCA - meaning of 'Record' - whether
record in a Magistrate Grade II court means handwritten record.

Criminal Procedure - burden of proof - accused does not bear resposibility of proving
his innocence - accused must be convicted on the strength of the prosecution case
not on the weakness or even absence of his or her defence.
Criminal Procedure - sentencing - factors to consider in sentencing.
Ssewajjwa Abdul Vs. Uganda 1997 11

Criminal Procedure - bail - grounds for granting bail - whether accused who is
remanded in custody for 480 days prior to committal to High Court is entitled to
automatic bail - period for automatic bail.
Kauma Mathias Vs. Uganda 1997 12

Criminal Procedure - charge - procedure to follow in charging.
Criminal Procedure - plea of guilty - how it is recorded.
Criminal Procedure - pleas - reason for lengthy and elaborate procedure.
CUSTOMS DUTY
Uganda Vs. Gideon Opio 1975 176
African customs and Transfer Management Act, 1970-Charge brought under
a Non-existent section of the Act-whether it was necessary to allege that the
Goods were subjected to custom duty whether Magistrate Grade II had jurisdiction
under the Act.
Uganda Vs. Abiriga Samuel 1975 381

East African Community Laws-E.A. Customs and Transfer Tax Management Act-
Legal proceedings related to uncustomed goods to be tried in court of first instance-
Currency Notes
Sekimpi Livingstone Vs. Uganda 1970 151
Section 6(2) Currency Notes Act (cap.151)-application only to E.A. currency
notes withdrawn from circulation-conviction for offence c/s 336 Penal Code
substituted.
Page 278
CUSTOMARY LAW.
Onyango James Vs. Bukedi District Administration & 3 others. 1970 160
Customary Law-communal work and nature of the duty to perform such -effect
of article 15(8) of the Constitution - false imprisonment-malicious prosecution-
whether without reasonable and probable cause-whether malicious.
Abdu Katongole Vs. Manuel Jjuko 1972 95

owned Kibanja -whether plaintiff could bring suit in his own name -O.3 rr.1 and
2 of the Civil Procedure Rules-Customary law-s.8 of M.C.A. 1970-judicature Act,
s.3.
Re: Sulemani Serwanga Salongo, Deceased. 1972 39

Executor-meaning of executor in Kiganda Customary Law-whether or not
"Omusika" in Luganda was the same as Executor in Uganda Law. Section 194,
181, 182, 250, 272 and Part XXXIV, Succession Act (Cap.139).
Uganda Vs. Kuranimo Oliya & Another 1974 87

Criminal Law-Adultery c/ss 150A(1) and (2) of the Penal Code-offence only
committed with a married woman. Customary Law Marriage-validity of a
customary of bride price not completed -whether adultery could be committed.
Olowo Alexious Vs. Iganatiyo Akenya 1974 207

Land Law-possession of land under customary tenure-whether limitation Act
application.

Civil Procedure - 2nd appeal - section 232(3) pf the M.C.A. - procedure for
inspection at locus quo-procedure before Grade II and III Magistrates-witnesses
examined in open court-section 165 of Evidence act explained-O.16 r.24 of the
Civil Procedure Rules for Magistrates Grade II and III in schedule 3 of the M.C.A.,
1970 had same effect as O.16 r.4 of the Civil Procedure Rules -order retrial at a
much delayed stage not in the interest of justice-indiscriminate application of
common law principles not advisable to customary land disputes-allocation of
land during Rwenzururu movement illegal-gross misdirections committed by the
court below, substantial as to amount to an error in law.
Buluma Lulenti & Another Vs. Erenesti Mbirika 1975 41

Appeal -Civil appeal s.232(3) of the Magistrates' Courts Act, 1970 -interpretation of
s.232(3) of the M.C.A., - land law-customary land tenure-encroachment on land-
witnesses-the demeanour and the evaluation of the credibility of witnesses-burden

Customary Law-seduction -suit by parent to recover damages for injured feelings
Page 279
common law-custody-whether parent loss custody id daughter was away from home
temporarily - law applicable - duty of court to apply the law-whether court had duty
to apply the law where parties failed to submit on proper law applicable-whether
there was need to plead and prove the law-administration of common law and
damages-principle for award of damages in seduction.
Mugoha Mabel Kateteya Vs. Samwiri Rukoza 1975 386

Customary law-Ankole customary law of "Empereka" - form of bailment - Cattle
entrusted to bailer to be returned together with progeny - Baylor to pay consideration
for service rendered.
Katyori Vs. Maria Keitumba 1975 388

Customary law - Ankole customary law of "Empereka" and "Omukwato" - Empereka"
as a form of bailment and "Omukwato" as a pledge.
Bisanga Yosamu Vs. Barnaba Achilu 1975 282

Customary law - Iteso customs - marriage under Iteso custom-suit in respect of
marriage under customs - whether to be disposed of on technical procedural issues
like limitation - evidence of customary marriage under Iteso customs -requirement of
partial source of evidence -from chiefs or clan leader - nature of evidence-
documentary - the Teso Births, Marriages and Deaths Law - have force of law-duty of
courts to enforce them-the customary marriage (registration) Decree 1973 - return of
dowry - necessary to adduce evidence of divorce - nature of evidence required -
whether evidence of divorce - nature of evidence required -whether evidence of mere
separation is enough - limitation - when does time begin to run.
Nassanga Allen Vs. Nanyonga M. 1977 319

Customary Law -law applicable - were parties belong to same tribe law of that tribe
applies - where they belong to different tribes it is the law the parties intended
to govern their relationship.
Customary Law - law applicable - parties originally Banyankole settled in Buganda

and adopted Kiganda names - whether Buganda or Banyankole customary law
applicable in matters concerning dowry.
Customary Law - Dowry - right to dowry - father of daughter is entitled to dowry - in

his absence her parterlineal male relative but in absence of the father.
Rwabaganda Farasia - Widow Vs. Bahemurwabusha Donato 1978 244

Customary Law - customary marriage - Bakiga custom of "abazara" marriage - such
marriages generally valid although as between certain "abazara" such marriage was
traditionally from at and disapproved j- but changed socio-economic circumstances
have rendered such marriage valid despite the "abazara" relationship.
Customary Law - customary marriage - Bakiga customary law of marriage - two

Kikiga ways of initiating a customary marriage - asking for the girl's hand from the
father and a form of elopement of "okusigura" - in either case marriage contract is
concluded on payment and acceptance of the bride price.
Page 280
Massa Samwiri Vs. Rose Achen 1978 297
Customary Law - customs and traditions - parties belonging to different tribes - parties
electing to be bound by the customary law of one of the parties' tribe - whether the
court has power to reject such law.
Customary law - proof and ascertainment - onus of.

Eburu S. Vs. Mikairi Ekwamu 1982 43
Customary Law - customary marriage - when complete - marriage where not
completed if dowry not paid in full - partially paid dowry can be recovered if marriage
abandoned or cancelled.
Kanyima Paulo Vs. Rugoora per Pro Kicumbi Barista Kweterana Society 1982 33
Customary Law - jurisdiction of magistrates' courts - concurrent jurisdiction -
magistrates of all grades have concurrent jurisdiction to try customary Law suits -
suit need not be filed in lowest magistrate's court - under magistrates' Courts Act
1970 s.220.
Iyamuremye Samwiri Vs. Jovanis Nyirakamarande 1994-95 67

Customary Law - customary marriage Registration Decree 16 of 1973, - s.31 is only
applicable where both parties are non - Ugandans.
Customary Law - customary marriage - when complete - marriage not complete unless
the dowry is paid in full.
DAMAGE
Donozio Masajage Vs. The Hon. S.K.E. Okurut 1970 177
Quantum of damages-traffic accident.
Inayatullah S. Mohamed Vs. Arua Bus Syndicate Ltd. 1970 176

Quantum of damages-traffic accident -contributory negligence of servant.
Amin Mohaned Vs. Director Gen., E. African Posts & Telecommunication 1970 225
Damage for personal injuries-road accident-negligence - loss of sight of eye.
Kayirita Zakaria Vs. John Daki Musoke 1970 41

General damage-personal injuries
Damiano Kimuna Vs. Pioneer Plumbers (U) Ltd. 1970 57

Negligence-inevitable accident -res ipsa loquitur-burden of proof-general damages
for personal injuries.
Rodento Larok Vs. Pyorino Obwoya 1970 41

Breach of promise to marry-pregnancy and expulsion of a school girl from
College - general damages-suit by a next friend.
Dison Nandaba Vs. Pioneer Plumbers (U) Limited 1970 224

Claim of damages for personal injuries - motor vehicle accident-negligence-
broken forearm, damage to front teeth and abrasions-neglect to follow-up
hospital treatment.
Page 281
J.S. Shah Vs. New African Press Ltd 1970 15
Libel-whether an alleged defamatory statement referred to plaintiffs-damages.
O.L. Lalobo Vs. E.Y. Lakidi 1970 103

Damages for libel in "The People"-plaintiff defamed for practising nepotism-
interview with newspaper reporter whether slander or libel-defence of fair comment.
Amin Mohaned Vs. Director General, East African Posts & Telecomm. 1970 225
Damages for personal injuries -road accident-negligence - loss of sight of eye.
James Tibemanyi Vs. Attorney General 1970 214

Damages - personal injury to arm
Anderia Bafabusa Vs. Mowlem Contruction Company Limited 1970 65

General Damages-personal injuries -running down case.
George Kahinda Vs. Abdul Malik Amarshi 1970 84

Damages-Personal Injuries.
George William Bibi Vs. Eastern Province Bus Co. Ltd. 1970 178
Personal injuries - injuriy to brain-assessment of dameges.
Akongo Ayo Vs. Attorney General of Uganda 1970 107

Personal injuries-general damages for loss of sight of eye-school girl aged 12.
William Akwiri Vs. Kilembe Mines Ltd 1970 38

Breach of statutory duty-Rules made under Factories act- general damages for
T/C Aleper Vs. Karamoja Service Store & T/C Olum Vs. Karamoja ser Store 1970 62
General damages-personal injuries-motor accident.
Jayaben Nathalal Joshi & 5 ors V. P.D. Popat & Sons & anor 1970 63
General damages for loss of expectation of life-loss of support and personal
injuries.
Bafabusa Anderia Vs. Mowlem Construction Company Limited 1970 65

General damages-personal injuries-running down case.
Mugengano John Vs. Nalya Saw Mills Limited & anor 1970 138
Claim for general damages for personal injuries-motor accident.
Cuthbert Joseph Obwangor Vs. Ishwerbhai and Bros. 1970 214

Motor collision - claim for personal injuries and losses-negligence.
Beatrice Nalwanga Kizito Vs. Attorney General 1970 20

Damages-negligence-motor accident-personal injuries.
Wesekeyere Wangwe & John Agina Vs. East African Raod Serv. Ltd & anor 1970 39
Motor accident-negligence - duty of care-general damages for personal injuries
including impotence.
Page 282
Lorenco Magezi Vs. Uganda Breweries Limited 1970 194
Negligence-Quantum of damages.
Musitafa Ngaruyinda Vs. Ramadhan Kasule Kizito Gava 1970 176

Quantum of damages-traffic accident.
Sebuggwawo Jane Vs. Desiranta Namusoke 1970 194

Motor accident-claim for damages by fare paying passenger against
negligent driver-assessment of damages.
Male Yosefu Vs. Wilfred Buzigi 1970 215

Claims for damages for personal injuries-negligence -collision with a pedal
cyclist-loss of earnings, permanent deformities and loss of amennities.
A.B. Sindano Vs. Ankole District Administration 1970 61

Exemlary damages for wrongful arrest and imprisonment - Local Administrations
Act, 1967-suspected non-payment of graduated tax.
Simba Satya and Yakobo Beliko Vs. Attorney General of Uganda. 1970 225
Unlawful detention of cattle-general and special damages.
Rosa Kabaira Vs. Jamal Ramji (Kyabakula) Ltd 1970 177

Law Reform (Miscellaneous Provisions) Act-contributory negligence-assessment
of damage.
Musinga Paulo Vs. O.H. Kristensen 1972 193

Motor accident - Negligence - personal injuries-simple fracture of femur and
compund fracture of tibia and fibula-amputation of leg-assessment of general
damages.
Ndehezi Tom Vs. Kampala & District Water Board 1972 243
Personal injuries-large lacerated wounds on lip and elbow-negligence-assessment
of general damages.
Kiiru Silla Vs. Stirling Astaldi (Uganda) Ltd. 1972 187

Personal injuries-injuries to elbow, wrist and hand-assessment of general
damages.
Namazzi Norah Vs. Firimoni Banugire 1972 130
Motor accident-personal injuries-multiple injuries-assessment of damages.
Nakawunde Agati Vs. Roger Scarlett 1972 66

Negligence-personal injuries-injury to leg-assessment of general damage.
Onyango Joshia Vs. E.A. Railways Corporation 1972 123

Death-Rules in Baker v Bolton-cliam of general damages whether cause of action
existed -07 r.11(a)-Law Reform (Miscellanous Provisions) Act, section 8.
H.K. Kangave Vs. V. Naluma 1972 58

Non-payment of rent-absence of contract between landlord and tenant-whether
the Busulu and Envujjo Law was was applicable-whether incease in rent
Page 283
permitted.
Daudi Kibirige Vs. Samuel Nkalubo 1972 126

Libel and slander -assessment of general damages.
Beatrice Nakaye Vs. Kampala Municipal Council & another 1972 11

Unlawful eviction
Eviction from house-demolition of house-award of exemplary damages.
D. Hunter Vs. W.C. Wanendeya 1972 33

Damages-trespass to land - injunction.
George W. Muwonge & Edirisa Bakambaga Vs. Attorney General 1972 127
Unlawful arrest and false imprisonment-assessment of general damages-whether
exemplary damages should be granted.
George William Mboya Vs. Attorney General 1972 129

Assault - personal injuries - whether exemplary damages should be awarded -
assessment of general damages-injury to arm.
Buhunyezi Vs. Ankole District Administrations 1972 186

False arrest and imprisonment-exemplary damages.
Lodoviko Ulangi Vs. Dandi Ozele & 2 others 1972 62

False arrest and imprisonment -remand by court-assessment of general damages.
Alaudin Rahamtulla Vs. Uganda Bookshop Ltd & Another 1972 90

Malicious Prosecution-ingredients of tort-assessment of general damages.
Willy G. Wabuziba Vs. Gerald N. Lukwago 1972 63

Negligence-damage to car - proof of special damages - impecuniosity of plaintiff
not to be considered - duty to mitigate damages.
David Hishamunda Vs. Kilembe Mines 1972 99

General damages-personal injuries to legs and abdomen-quantum of damages.
Getu Nakkazi Vs. Peter Katergga 1972 69

Personal injuies-injury to ankle-assessement of general damages.
Lameck Lubowa Vs. Yunusu Kagala 1972 133

Motor accident-personal injuries-minor injuries-assessment of damages-effect of
failure to produce evidence in strict proof in assessment of special damages.
Gregory Tobino Vs. Sterling Astaldi (U) Ltd. 1972 6

Damages-personal injuries-injury to arm.
Anthony Bwanika Vs. Shamji Harji & Bros. (U) Ltd & another 1972 7
Personal injuries-negligence-no denial of involvment in accident in defence
pleadings-order 8 Rule 3 Civil Procedure Rules-assessment of general damages.
Page 284
Bitulence Kitamirike Vs. Addo Builders & Gledia Rancho Abai 1972 36
Personal injuries -injury to arm-assessment of general damages.
Henry Rwabikyengo Vs. City Council of Kampala 1972 36

Personal injuries -injury to back - assessment of general damages.
P.N.L. Kisubika Vs. Uganda Transport Co. 1972 67

Negligence-personal injuries-injury to arm-assessment of general damages.
Isa Sewankambwe & Wikirifu Kasibante Vs. Mikairi Dungu 1972 136
Motor accident-personal injuries-injuries to head and arm-assessment of
general damages.
Hadija Namatovu Vs. Dirisa Senyonjo 1972 137

Car accident -personal injuries-injury to arm-assessment of general damages.
Nyarbungu Tin Mines Ltd & Tajdin M. Jivraj Vs. Attorney General 1972 188
Personal injuries-injury to back making sextual intercourse more difficult -
osteo-arthritic condition to back-general damages.
Anne Florence Holloway & Toby Holloway Vs. Attorney General of Uganda 1972 214
Personal injuries-loss of eye and brain damage-proof of need for special
schooling -assessment of general damages.
Nakintu Kasifa Nishyirembere Vs. Mubende District Administration 1972 60

Negligence-duty of school authorities -extent of duty of prudent parent-remoteness
of damage-personal injuries-ovarall scalds and burns-disfigurement-assessment
of general damages.
Rasiklal Damodardas Popat Vs. Haji Arajabu Kawesa Magigye Estates Ltd. 1972 189
Personal injuries-chest and knee-status of plaintiff not relevant to quantum -
general damages.
Kalibala Badiru Vs. Charles Lule 1972 189

Personal injuries-compound fractures of leg-general damages.
Mugenyi Yesero Vs. Securicor (Uganda) Ltd 1972 30

Personal injuries -customer in bank bitten by guard dog-duty of handler-animal
mansuetae naturae.
Peter Mwori Vs. The Attorney General of Uganda. 1972 98

Personal injuries-injury to elbow-assessment of general damages.
A. Akao Vs. The Attorney General 1972 5

Damages for loss of one eye-whether distinction should be made between claims
by infants and those by adults.
Charles Duka Vs. Mubende District Administration 1972 131

Assault by teacher-injury to eye-conflict of medical evidence by two doctors -
Page 285
Yowana Katoto Vs. City Council of Kampala 1972 265
Negligence-employers duty to provide safe working conditions usual practice-
personal injuries-cataract of eye-scars-asessment of general damages.
Kalidi Kivumbi Vs. Uganda Breweries Ltd 1972 12

General damages-personal injuries to fingers-quantum of damages.
Ndagizimana Yowana Vs. Uma Industries Ltd 1972 35

Negligence-factory accident-failure to fence-contributory negligence -personal
injuries-injury to fingers-assessment of general damages.
Banyanga Saveri Vs. Uganda Sugar Factory Ltd. 1972 35

Personal injuries-injury to pelvis-assessment of general damages.
Masaka Ibrahim Vs. Uganda Livestock Industries Ltd 1972 68

Personal injuries-injury to foot-assessment of general damages.
Walutere William Vs. Vasani Builders 1972 94

Negligence -failure to affix clamps to mechanical saw-contributory negligence-
personal injuries - injury to hand-assessment of general damages.
Aggrey Okech Vs. Uganda Bags and Hessian Mills Ltd 1972 128
Personal injuries-loss of hand -s.23 of the factories Act-assessment of damages.
Makanyaga Joseph M. Vs. British American Tobacco (U) Ltd. 1972 132
Negligence-motor-accident - personal injuries-injury to hand-assessment of
general damages.
Ramtulla Gulamhussein Vs. Pyarali Rajabali & Bomba Coffee Factory Ltd 1972 158
Personal injuries-cut wounds on wrist and big toe, osteo-arthritis, limitation of
flexion of hand-assessment of general.
Njuba Vincent Mugweri Vs. Busoga Bus Service Co. & Kafuka Waiswa 1972 158
Personal injuries -compound fracture of leg, permanent deformity and pain and
ugly scar-assessment of general damages.
Zaverio Francis Yigga Vs. Asaria Soap Factory Ltd 1972 240
Negligence-personal injuries -amputation of thumb and all fingers of hand-
Nyakalundi Vs. Tatelal Muhamed 1972 240

Negligence-burden of proof cast on defendant - mental incapacity-assessment of
general damages.
Ddula James Rex Vs. Stanley Sekimpi 1972 190

Personal injuries-scalp wound, backache and dizziness-general damages.
Sekamanje Christopher Vs. Attorney General 1972 138

Personal injuries-injury to ribs and hip-assessment of general damages.
Page 286
Luboyera Israel Vs. J. Kayirigi & Another 1972 71
Negligence-motor accident - personal injuries-injury to spine and impotence -
M.F. V. Pinto Vs. F.Onama & P. Iga 1972 135

Motor accident-personal injuries-injury to jaw-assessment of general damages.
Abdul Ramji Vs. The Attorney General 1972 97

Personal injuries-injury to knee-assessment of general damages.
Kilementi Lutwama Vs. Nile Breweries Ltd 1972 97

Personal injuries-injury to leg-assessment of general damages.
Rukuko Muhamed Vs. Hussein Abdi 1972 13

General damages-personal injuries-injury to leg-quantum of damages.
Ssali Alosius Vs. W.R.D. (International) Ltd 1972 34

Personal injuries -injury to leg-assessment of general damages.
Wabwire Erifazi & another Vs. W.O. Otogge 1972 69

Personal injuries -injury to legs-assessment of general damages.
Nanfuka Gendisia Vs. Uganda Land Service & Touring Co. Ltd 1972 70
Personal injuries-injury to leg - assessment of general damages.

Negligence - failure to make mine safe - res ipsa loquitur-personal injuries - loss
of both legs-assessment of general damages.
Nyamutale Livingstone Vs. G.W. Ndawula 1972 96

General damages-personal injuries -injury to leg-assessment of general damages.
Kassessa James Vs. The Uganda Breweries Ltd 1972 96

Personal injuries - injury to spine-assessment of general damages.
Rwanshaija Yeremiya Vs. Uganda Transport Co. Ltd. 1972 137

Negligence-personal injuries -injury to arm - assessmnt of general damages.
Anakleti Agolor Vs. Timon Oonyu 1972 162

Motor accident-personal injuries-fracture of leg and injuries to hand and chest-
contributory negligence-assessment of general damages.
Lwamityana Kabtyegira & Justus Rwaheru Vs. Charles Kawoya 1972 163
Motor accident-personal injuries-fracture of the leg and injury to elbow-
Kasifa Kiwanuka & N. Nabbanja Vs. Sulaiman Lubowa & Karuna Kavuma 1972 184
Personal injuries-assessment of general damages-injury to leg-suit on behalf of
infant-consent under O.29 r.1 of the Civil Procedure Rules-whether provision
mandatory.
Page 287
Walubo Stephen Vs. Grinyi United Bus Co. Ltd 1972 191
Motor accident-personal injuries-fracture of leg with crushing foot and lacerations
of legs, hands and forehead -amputation of leg-assessment of general damages.
Katema Peter Vs. M.Ruperella & H.H.H. Thobani T/A Westnile Haulage 1972 239
Personal injuries-amputed leg-assessment of general damages.
Naiga Mary Vs. George Vincent Hastings 1972 238

Personal injuries-fractures and scars causing embarrassment-assessment of
general damages.
Nyakuni Patrick S. Vs. Rhino Camp Trading Company 1972 244

Motor accident - personal injuries-fracture of femur assessment of general
damages.
Hawa Albina Vs. Otrevu Woodfuel Cooperative Society Ltd. 1972 187
Personal injuries-depression and irritability-assessment of general damages.
Tamale Ludoviko Vs. Fatehali Mohamed & Brothers 1972 133

Motor accident-personal injuries-injury to ankle-assessment of general damages.
Mutyaba Patrick Vs. Basil Wamala 1972 71

Personal injuries-injury to hip joint, wrist, face-assessment of general damages.
Namazzi Norah Vs. Firimoni Banugire 1972 130

Motor accident-personal injuries-multiple injuries-assessment of damages.
Mukasa William Salongo Vs. Sewalu & Mohamed Mubiru 1972 287
Negligence-crossing road-percentage of negligence of plaintiff-personal injuries-
fracture of leg-injury to hip, knee and ankle.
Nalubega Lucy Vs. Patrick Kyesagule and Amisi Nsereko 1972 192
Motor accident -personal injuries-fracture of pelvic bones -deformity-assessment
of general damages.
Kabwisaki Kaloli Vs. The (U) Sugar Factory Ltd & Belino Asumiya 1972 237
Personal injuries-fractures in pelvic area-assessment of general damages.
Wamala Yusufu Vs. Samu Busulwa 1972 134

Motor accident-personal -personal injuries-injury to ribs-assessment of general
damages.
Minge Bulahimu Vs. N. Singh 1972 233

Personal injuries -fracture of ribs-loss of goods and money-foresseability of
property being stolen after accident -assessment of general damages.

International shooting by member of armed forces-duty to plead whether act
international or negligent-personal injuries-assessment of general damages-
injury to spine and loss of sensation in right side.
L. Mutebi Vs. East African Railways Corporation 1972 68
Page 288
Personal injuries-injury to thumbs -assessment of general damages.
Cyprian Sajjabi Vs. Busoga District Administration & Attorney General 1972 265
Unlawful eviction
Unlawful eviction-assessment of general damages.
Ida M. Tikabara Vs. Water Resources Developmnt (International) Ltd. 1972 93

Claim of damages in negligence -Workmen's Compensation Act, s.25( c) and s.16
whether there was agreement between plaintiff and defendant will regard to
compensation.
Arini Ntegyereize Vs. Kilembe Mines Ltd. 1972 264

Negligence-contributory negligence - death of husband - assessment of general
damages.
Muwanga Silvesti Vs. Serinya Kibinge 1972 72

Fatat accident-death of daughter aged 8 - loss of servitium - assessment of
general damages.
Kampala City Council Vs. Beatrice Nakaye 1973 30

Damages for wrongful demolition of house-whether proper for award of exemplary
damages-special damages not pleaded-action by defendant upon court order albeit
one which might have been open to question.
Nsubuga Gustus Vs. Attorney General 1973 107

False arrest and imprisonment -assault and battery-liability for Government-
vacarious liability for member of Police Force-effect of emergency (Detention)
Regulations 1969, r.1 and r.5(b) -powers of arrest under s.30 (1) of the Criminal
Procedure Code-Proceedings - against the Government (Prohibition) Decree,
Decree 19/72-meaning of or any other cause whatsoever'-award of exemplary
damages- assessmet of general damages.
Bakulyowa Silira Vs. Attorney General 1973 170

False arrest and imprisonment for 24 hours-assessment of damages -exemplary
damages-whether such needed to be pleaded.
Batwawule Samuel James Vs. Kilembe Mines Ltd 1973 170

Negligence - failure to fence machinery - Factories Act, s.23 - loss of arm-
Guloba Vs. The Attorney General 1973 210

Suit against the Uganda National Lottery - whether suit correctly laid against the
Attorney General - whether plaint disclosed a cause of action - no correction
between plaintiff and defendant pleaded.
Nakumusana Christopher Vs. Attorney General 1973 171

Personal injury suit-appeal against quantum of damages awarded-principles
goverining review of award made by a trial judge.
Opakol Elia Vs. Butasse Motors Ltd 1973 74

Damages for loss of consortium for death of wife and for death of daughter.
Page 289
Baby Kasozi by A.K. Kasozi his father & next friend Pope John's Hospital & anor 1973 68
Suit for damages for professional negligence of a doctor-injury to baby's eye in
course of forceps delivery-required duty standard of care and skill-res ipsa
loquitur - damages for loss of an ave.
Baryakaleho Christopher Vs. C. Poll Ogwanga 1973 119

Motor accident-personal injuries-loss of right arm-general damages.
Ojara Nelson V. Mahendra Parmar 1973 119

Motor accident-personal injuries - fracture of left leg-wounds on the left eyebrow,
left arm and forearm-general damages.
Jane Mbabazi & Harriet Nkinza Vs. Siliman Kabuye 1973 120
Motor accident -death of mother -loss to infant defendants-Law Reform
(Miscellaneous Provisions) Act - measure of general damages.
Byekwaso Francis & Simoni Masembuke Vs. Fateli Mohamed 1973 21
Personal injuries-assessment of general damages-fractured leg, injured hip,
permanent disability-fractured elbow and unna-misstatement of injuries in
complaint - appropriateness of Workmen's Compensation Table in assessing
loss of function.
Kiwanuka Israeri Vs. Messrs Asaria Soap Factory 1973 17

Personal injuries-injury to fingers-assessment of general damages.
Kayongo Salongo Vs. John Baptist Nampenge 1973 17

Personal injuries-injury to skull, teeth and fermur- assessment of general damages.
Waivo Petero Vs. Uganda Blanket Manufactures 1973 189

Personal injuries -assessment of general damages for loss of three fingers of hand.
Kamulali Francis Vs. Charles Lubega Kateera 1973 64

Personal injuries-fracture of leg, deformity of foot, loss of earning -general and
special damages.
Zurusali Wabwoso Vs. Bashir & Transport 1973 73

Personal injuries-fractured leg-loss of earnings - general damages.
Bakarweha Zabuloni Vs. Erisimu Rwakinanga Christian B. Christensen. 1973 18

Personal injuries-assessment of general damages-dislocated hip-probability of
septic necrosis in the future-age of plaintiff as bearing on future suffering-whether
court would take judicial notice of the fact that since he came from Ankole he
kept cattle.
Aluko Serafino Vs. Mrs Margaret Rose Wigglesworth Tagala 1973 19

Personal injuries-fractures of humerus and both femurs-permanet disability.
Nsamana Filipo Vs. Abasi Kabulwasi 1973 19

Personal injuries-fractures of femur, clavicle, skull-assessment of general
damages.
Page 290
Idi Ssalongo Vs. Allibhai Garage Ltd & 2 others 1973 121
Motor accident - personal injuries-fracture of humours and ribs-car on hire
purchase-whether owner of car liable for negligence of hirer's driver-whether person
under whose name the vehicle was registered liable-general damages.
Abdalatifu Mpagi Vs. Uganda Sugar Factory Ltd 1973 117

Personal injuries-assessment of general damages-multiple injuries -proof of
special damages-loss by theft of goods from plaintiff remotness- overall award for
different injuries.
Nakate Ederi Vs. H. Roger Bothell 1973 118

Personal injuries -assessment of general damages -defendant reduced to a moron-
need for clear proof of injuries and present condition-duty of counsel.
Rwandusya Yafesi Vs. Kigezi Ruanda Omnibus Services Ltd 1973 70

Personal injuries-res ipsa loquitur-fractured rib and collar-bone, sprained right
shoulder-general damages.
Lule Musitafa Vs. West Buganda District Administration 1973 70
Negligence - liability of school for injuries caused by fight between two students
on school premises-general damages.
Mutwalanda Yonasani Vs. Mulco Textiles Ltd 1973 45

Factory accident-failure of lights and dangerous objects thrown about-injury to eye-
whether safe system of work-whether doctrine of res ipsa loquitur applied-
assessment of general damages for loss of eye.
Wantate Hannington Vs. Martin Kakuba 1973 48

Personal injuries-loss of sight of eye-general damages.
Mberenge Geltulda Wotali Vs. Siriri Kulazikulabe 1973 62

Negligence-death of victim-standard of proof -s.112 of the Evidence Act-general
damages.
Musoke Micheal Vs. Mesusera Mugerwa 1973 67

Personal injuries-loss of eye -inability to continue profession - general damages.
Lugayo Paskali Vs. Akaya Mabirizi 1973 20

Personal injuries-damage to car, scars, loss of tooth diszzyness, paid and
suffering - loss of earnings -assessment of general damages.
Ndaula Betty by her next friend B. Etyang Vs. Robert D. Burns 1973 61
Personal injuries-injuries to hip, foot and arm-assessment of general damages.
Sekibenga Vicensio Vs. Jidion Ssajabi 1973 188

Personal injuries-assessment of general damages for injury to jaw and leg.
Mwori Peter Vs. The Attorney General of Uganda. 1973 98

Personal injuries-injury to elbow-assessment of general damages.
Ddungu David Vs. East African Posts & Telecommunications 1974 290
Breach of contract -negligence-offer for a reward of shs.2,000/= leading to arrest
Page 291
and recovery of stolen telephone -failure to prosecute the suspect-whether the
offer was frustrated-whether defendant liable to pay the promised reward-damages.
Wasswa Yozefu Vs. Attorney General 1974 30

Assault, wrongful arrest and false imprisonment- assessment of general damages-
award of exemplary damages.
L Tundugwa Vs. The Coffee Marketing Board 1974 30

Negligence -personal injuries - fracture of lumbar vertebra, right ankle and bruises
and graze of the left leg-assessment of general damages. Negligence-doctrine of
res ipsa loquitur-whether doctrine must be pleaded.
Negligence -duty to provide sage system of work -what constitutes as safe or
proper system of work.
Namusoke Maria Mubiru Vs. Kampala Bus Service Co. 1974 107
Negligence-assessment of damages-where there was no clear evidence as to who
was to blame-liability for negligence-apportionment of liability-damages-Law
Reform (Miscellaneous Provisions) Act-assessment of general damages where
deceased's age was about 40 years.
Namboze Teopista Vs. The Attorney General & Another 1974 102
Fatal accident-assessment of damages-Law Reform (Miscellaneous Provisions)
Act. Life expectancy in Uganda to be 50 meaning of "working life" -gratuity-
whether deductible.
Senguma Mirieri Vs. Peter Ogabo & Another 1974 283

Tort-negligence-fatal accident-suit brought under the provisions of the Law Reform
(Miscellaneous Provisions) Act, Cap.74 of the Laws of Uganda-whether claim of
damages was for benefit of the members of the family-quantum of damages.
Naigala Julia Vs. Attorney General & Anor 1974 288

Tort -negligence -fatal motor accident-plaintiff suing for damages resulting from
the death of her husband under the Law Reform (Miscellaneous Provisions) Act
Cap.74 of the Laws of Uganda-filing a defence out of the time-quantum of damages.
Kidika Angelina Obwana Vs. Aspro Ltd & Anor 1974 132
Tort-fatal accident-claim by dependants under the Law Reform (Miscellaneous
Provisions) Act-age of deceased 57-whether - whether he had any remaining
working life-assessment of general damages.
Mbabazi Irene Vs. Securicor (U) Ltd 1974 295

Tort-negligence-fatal accident-plaintiff brought action for general damages on
behalf of herself and other dependants under the Law Reform (Miscellaneous
Provisions) Act-assessment of damages.
Ayume Sabino Vs. Kilembe Mines Ltd 1974 295

Tort-negligence-personal injury claim-quantum of damages.
Barwogeza Joseph Vs. Attorney General 1974 185

Accident -negligence-plaintiff tractor driver injured while slashing a farm. Assurance
given after inspection of farm by plot marker that farm was fit for slashing.
Page 292
Plaintiff while slashing the form fell into a pit and injured-whether the defendants
were negligent-whether the accident caused by defendants contributory negligence-
Decree of contribution-amount of damages.
Mwanje Yonasani Vs. John B. Mirundi 1974 211

Tort-personal injury claim -assessment of general damages.
Kakoza Frasiko Vs. Luben Luinda 1974 261

Tort-personal injuries-assessment of damages.
Bumba George William Vs. Philip Okech 1974 273

Tort-negligence-personal injury claim -head injuries leading to blindness-whether
diabetes mellitus resulting in blindness was a direct and foreseeable consequences
of the accident-the judge's assessment of evidence based on his view of the
credibility of witnesses-assessment of damages.
Okole Yakobo Vs. Ainea Nsubuga 1974 186

Negligence-personal injuries -dislocation of the right leg and shock-swollen leg
maim of right ankle joint-scar wound on outside of the right ankle-joints of the
ankle could not be moved directly by mind-development of osteo -arthritis of right
ankle-plaintiff since accident unable to return to work -whether accident caused by
defendant's drivers' of plaintiffs' negligence-no explanation as to cause of accident
by defendant-doctrine of res ipsa loquitur-whether there was any contributory
negligence-the doctrine of "agony of the moment"-assessment of general damages-
claim for special damages-requirement of evidence.

Tort-negligence -driver of lorry not waiting sufficiently for boarding passenger to
assume safe position-contributory negligence -quantum of damages for fracture of
clavicle-Civil Procedure -witness in court throughout proceedings -whether his
Nalweyiso Mary & Ors Vs. Erisafu Mugabi & anor 1974 158
Personal injuries-injury to brain-assessment of general damages for child aged 4.
Bumba George William Vs. Phillip Okech 1974 158

Negligence-contributory negligence-personal injuries-injury to head-assessment
of general damages-later diabetes and blindness developing -causation-
remoteness of damage.
Ekolel Vs. Atanansi Wanyama 1974 160

Personal injuries-crush injury to foot-assessment of general damages.
Ruhogote Vs. James Kafeimaisho 1974 286

Tort-negligence-personal injuries-injury to knee and hand-assessment of damages.
Kato Charles Vs. Abdulla Seruwana & Anor 1974 103

Negligence-personal injuries-shortening of the leg and occasional headaches-
Nalugoti Maria Goreti Vs. Augustino Kaduma & anor 1974 105
Page 293
Negligence -personal injuries-simple fracture of right femur, shortening of right leg
and stiffness of the right knee-assessment of general damages.
Kaganda Petero & 2 others Vs. Uganda Transport Co. Ltd 1974 104
Negligence-personal injuries-multiple injuries-assessment of general damages.
Ojul Nasse Vs. Rev. Fr. J. Stracter & Attorney General 1974 232
Tort-negligence -personal injury claim-loss of right arm -pain and suffering -
quantum of damages.
Ndawula Godfrey Vs. Byekwaso Musisi 1974 236

Tort-negligence-claim for personal injuries-fracture of leg and wounds on the back-
loss of one tooth with multiple abrasion -quantum of damages.
West Mengo Growers Co-operative Union Ltd Vs. Robert Kiyaga 1974 221
Negligence-personal injuries-loss of thumb and two fingers-injury to other fingers-
whether the fall in the value of money and the rise in the cost of living should be
considered in determining the quantum of damages-reduction in the award of
damages.
Okong Joshua & Anor Vs. Uganda Cement Industry Ltd 1974 106
Negligence-personal injuries-multiple bodily injuries-assessment of general
damages.
Byeitima Zakaliya Vs. Attorney General 1974 267

Tort-negligence-duty of employer to provide and maintain safe system of work and
proper appliances-system out of order-failure by employer to repair - personal
injuries-vicarious liability-injuries arising out of fellow employee's negligence-
whether employer liable-contributory negligence-assessment of damages.
Ndengayabo Patricia & anor Vs. John William Mulaguzi 1974 270
Tort-personal injuries-negligence-contributory negligence-inevitable accident-
meaning and test applied -assessment of damages.
Bagologoza David Vs. Uganda National Park Trustees 1974 277

Appellant/plaintiff sustained serious injuries when attached by baffalo in camp-
whether the respondents had failed in their duty to provide a safe system of work
for their employees-doctrine of volenti non fit injuria.

Traffic-motor accident-respondent filed an suit against appellant corporation as
nominal defendant under s.40 of the Traffic and Road Safety Act, Act 38 of 1970-
Damages for injuries as pedestrian-vehicle unidentified due notice given to N.I.C.
as required by s.44(2) of the Act-plaint incomplete -non-compliance with Civil
Procedure and Limitation Act 20 of 1969.
Kaija Katuramu Vs. National Insurance Corporation 1974 289

Traffic-motor accident-the National Insurance Corporation nominal defendant-s.44
(1)(a) of the Traffic and Road Safety Act -negligence-pleading -principle of res ipsa
loquitur -assessment damages.
Page 294
Bogere Muhamedi Vs. Uganda Electricity Board 1974 152
Tort-negligence -child sustained injury from contact with fallen live electricity wire-
whether U.E.B. negligent-whether strict liability doctrine of Rylands v. Fletcher
applied -severe burns-assessment of general damages.
Dungu Ventino Vs. Yusufu Kyeyune 1974 184

Accident-plaintiff sustained personal injuries when knocked down by defendant's
motor vehicle. Negligent driving -defendant pleaded contributory negligence-
Quantum of damages.
Tizirete Jackson & Ors Vs. Uganda Recognised Transport Co. 1974 189
Tort-negligence-personal injuries sustained during a road accident-quantum of
damages and inadequacy of evidence adduced -duty of an advocate.
Kiwanuka Kosiya Vs. Uganda Transport Co. Ltd 1974 269

Tort - negligence-personal injury claims - quantum of damages.
Walala J.A.B. Vs. E. Buganda District Administration 1974 285

Tort -unlawful arrest -false imprisonment -compensation -damages.
Lubowa Henry Vs. Stanley Smolen 1975 19

Tort-negligence -contributory negligence -Law Reform (Miscellaneous Provisions)
Act Cap.74-various liability-the principles applicable-whether there was a destination
in principles applicable-whether there was a distinction in principles of liability
between where negligent driver was agent of vehicle owner and where negligent
driver was servant of vehicle owner-employer/employee relationship-scope of
employment-driver/servant given flexible hours of work-whether employer liable-
feasors-damages-special damages-need for specific proof.
Kisaka Mangada Vs. Securior (U) Ltd. 1975 48

Trot-negligence-res ipsa loquitur-effect and application of the maxim -quantum of
damages.

Tort-unlawful arrest and false imprisonment-assault powers of arrest by Gombolola
definition of unlawful assembly ss.61 & 62 of the Penal Code-definition of
congnisable offence s.2 of the Criminal Procedure Code.
Katukulu Y. Vs. Transocean Uganda Ltd 1975 45

Civil Procedure-services of summons to enter-appearance Order O.5 rr.1 and 2-
application of Law Reform (Miscellaneous Provisions) Act - assessment of
damages.

Tort-negligence-personal injuries-loss of foot-damages - quantum -whether amount
awarded adequate.
Asinde Sofia Vs. Dominic Onyango 1975 92
Page 295
Tort-fatal accident claim under the Law Reform (Miscellaneous Provisions) Act-
Law Reform -assessment of damages-whether funeral expenses recoverable-
whether damage to deceased's clothes recoverable.
J.C.K. Kitto (Dr) Vs. Chadwick & Nyanza Textile Industries Ltd 1975 101
Torts-defamation-libel-protection of qualified privilege-proof of malice-whether
disentitle one with this protection-damages - assessment of damages.

Tort-whether a criminal record could be used as basis of a civil suit - prosecution
by a private person-whether private person entitled to claim costs incurred in the
prosecution - defamation-whether libel was actionable per se- damages.
Kato Paulo Vs. Uganda Transport Corporation 1975 119

Tort-negligence-personal injuries -duty and standard of care imposed on a driver-
the general rule applicable - duty to take reasonable care - accident occurring at
round about - whether a driver on a major road or round-about was entitled to
assume that a driver on minor road would comply with traffic regulations - whether
there was duty to take reasonable care where other traffic was in breach of traffic
regulations or was negligent-foreseeability of danger arising from careless drivers-
whether failure to take precautions to avoid accident - plaintiff giving date of
occurrence from that stated by other witnesses and in pleadings-whether material-
quantum of damages.

Asinde Solofia Vs. Onyango Dominic 1975 162

Tort-negligence - fatal injury claims - distinction between fatal accident claim and
personal injuries-quantum of damages-ss.7 and 8(2) of the Law Reform
(Miscellaneous Provisions) Act.
Ojwanga Kamu & Others Vs. Joseph K. Opoya 1975 160

Tort-motor accident-negligence-the doctrine of res ipsa loquitur-Law Reform
Miscellaneous Provisions) Act-loss of expectation of dependency-quantum of
defence in time within prescribed time-O.8, r.1-O.9, rr.8A and 10 of the C.P.R.
Wafana Eric John Vs. Bugisu District Administration 1975 164

Tort-personal injury claim-unlawful arrest and detention-quantum of damages.

Civil Procedure-preliminary point of law-action time-barred - section 2(1) Civil
Page 296
Procedure and Limitation (Miscellaneous Provisions) Act, 20/69-claim for damages
for wrongful arrest and unlawful detention-whether detention on order of court
could constitute a cause of action against Attorney General-when does time for
bringing such action begin run-whether time could be extended where person
responsible for instituting it was incapable of doing so by the unlawful actions of the
defendant-whether a person who instituted criminal proceedings before court was
responsible for imprisonment resulting from such proceedings where the
institution was found to be unlawful -whether the date of unlawful imprisonment
arose at the date of imprisonment or the date of acquittal and release-whether the
action in instant case was time-barred.
Jabi A.M. Vs. Mbale Municipal Council 1975 190

cause and reasonable notice-summary dismissal of employee on permanent
terms - condition to be satisfied-staff regulations governing employer/employee
relationship-duty on employer to observe regulations before dismissal-damages-

Opiyo Wilson Vs. Vitorino Oywelo 1975 188

Assault - criminal and tortious assault-damages for injuries sustained during assault
miscarriage of justice resulting from trial magistrate being related to one of
the parties.
Uganda Vs. Ugelle, Anylitho, Olwor & Jakeranga 1975 218

Criminal Procedure -jurisdiction - Magistrates' Court - offences related to prohibited,
restricted and uncustomed goods under E.A. Customs and Transfer Tax
Management Act (Cap.27) Proceedings triable in subordinate court first class -
East African Community Laws-E.A. Customs and Transfer Tax Management Act
(Cap.27) - Legal proceedings of offences related to prohibited, restricted and
uncustomed goods-proceedings triable in subordinate court of first class - Grade II
Magistrate has no jurisdiction.
Baranga & Anor Vs. Attorney General 1975 303
Sebunya Vs. Kalule & Mukasa 1975 303
Kivumbi Vs. Sendyowa 1975 308
Wanyama Vs. Attorney General 1975 308
Kwanya Luka Vs. E.A. Posts & Tel. Corpn. 1975 304
Ntale Edirisa Vs. N.I.C. 1975 304
Page 297
Wanga Vs. Total (U) Ltd 1975 305
Kyesalyanga Vs. Makoba & Anor 1975 305
Okwera Vs. E.A. Posts & Tel. Corpn. 1975 306
Kimbugwe Vs. Kibirige 1975 306
Ngobi & Anor Vs. Bamulobye and Anor 1975 307
Ndehendikire Vs. Transocean (U) Ltd. 1975 307
Asile Juma Vs. Nyanza Textile Ltd 1975 294

Damages - burns extended to 35% of the body resulting into deformity of upper
limbs and limitation to movement of joints-ugly scars remained and some formed
keloids-award of shs.60,000/=
Kivumbi Vs. H.A.T. Service Ltd 1975 332
Walunwa Vs. Mukiibi 1975 332
Kandore Vs. Kagara Saw Mills Ltd 1975 333
Ominde Vs. Terikya 1975 333

Alaka Yasani Vs. West Nile District Administration 1975 325
Damages-personal injuries-Loss of minimum of 3 teeth and maximum of 8-
sophisticated and expensive treatment recommended but plaintiff unable to afford
it-award of shs.10,000/-.
Tort-Damages-exemplary damages-awarded where there has been oppressive,

arbitrary or unconstitutional action of government servants.
Bijugo Benard & Another Vs. The Attorney General 1975 370
Bisaso Ali Vs. Fresh Foods Ltd 1975 359

Damages - personal injuries-back injuries and 15% physical disability -difficulty in
lifting heavy objects - plaintiff aged 27 earning shs. 247/75 p.m. - working life of 17
years taken and shs. 15,000/- awarded.
Sekyewa Vs. Kasozi 1975 400
Mataale Vs. Mukasa & Anor, 1975 400
Nabulya Vs. Kalibbala 1975 401
Nakitende & Others Vs. Kiwanuka 1975 401
Kalanzi Vs. Mawogola African Farmers & Anor 1975 402
Segujja Vs. Nsiko & Anor 1975 402
Page 298
Yawe Vs. Attorney General & 2 others 1975 402
Kasule Vs. Makerere Univerisity Kampala 1975 391

Damages -exemplary damages-principles under which they are awarded.
Semukima J.B. Vs. John Kaddu 1976 16

Damages - measure of damages-claim for repair of damaged article - principle of
of restitution in integrum applicable - cost of repairing article to be awarded except
where it greatly exceeds market value or article.
Kintu Lazaro Vs. Madhvani Sugar Works 1976 26

Damages - eye - loss of - award.
Kazura Vs. Kilembe Mines 1976 40
Bagologoza Vs. Uganda National Parks Trustees 1976 41
Oucha Vs. Stirling Astaldi (U) Ltd 1976 72
Mutyaba Vs. Uganda Rayon Textile Mfr. Ltd. 1976 72
Mugalula Vs. Smolen & Sons (U) Ltd. 1976 73
Kasozi Vs. Sgt. Major C. Sendawula 1976 73
Kizza Vs. Sulemani Serwanga & Bros. Ltd. 1976 74
Alaka Vs. Bukunja Bus Service 1976 74
Kanyike Vs. Sempira & Another 1976 75
Namusoke & Anor Vs. E.A. Posts & Telcomm. 1976 112
Gyoto & Another Vs. Najja & Attorney General 1976 112
Mugerwa Vs. Cash Crops (U) Ltd 1976 113
Nalubwama Vs. Attorney General 1976 116
Mulondo Lovinsa Nnalongo Vs. Leo Mukasa Bulera 1976 100

Damages - Personal injuries finger - measure of damages.
Kewaza & Another Vs. U.T.C. 1976 113
Muwanga Vs. Energo Project 1976 114
Muzaki Vs. Walimbwa 1976 114
Ssewabi Vs. Mukasa & Another 1976 115
Page 299
Bizamanwa Vs. E.A.A.C. 1976 115
Yalyakumanyi Vs. Kaggya & Anor 1976 183
Ahabi Vs. Mukiibi & Others 1976 183
Nsereko Vs. U.E.B 1976 184
Ddungu Vs. Kasule 1976 184
Mayanja Vs. Attorney General 1976 185
Kasoke Vs. Lubega 1976 185
Matovu Vs. Katongole 1976 186
Bazanze Vs. Musisi & Anor 1976 186
Kavulu Vs. Kaddu 1976 187
Mukasa Vs. Mulisa & Another 1976 187
Loggwa Vs. Uganda Sugar Factory Ltd 1976 188
Lwavakuki Vs. Wamala Growers Co-operative 1976 188
Watuwa Vs. Bakuseka & Another 1976 189

Nalongo Vs. Byewere 1976 189
Namusoke Janet Nakiri Vs. Muti Chadani 1976 316

Damage caused by court brokers in execution of a warrant - warrant vague with wide
instructions - court brokers taken to place where execution to be done by the decree
holder-whether decree holder - servants or agents of court - immune from civil suits -
whether proper to sue the decree holder.
Osani Okwi Vs. Hassan Saidi 1976 315
Musisi Fred Vs. Uganda Transport Co. Ltd alia Uganda Transport Corporation 1976 315
Namusoke Harriet Vs. Ali Mbogo 1976 316
Karuramtsi E.J. Vs. Kabananura Peter & 3 others 1976 316
Kabuye Vicent Vs. Gulinze Lazaro 1976 317
Matte-Mukasa Samuel Vs. Senyondo George 1976 317
Kitaka Jesika Vs. Mesulamu Kisengende 1976 318
Page 300
Aja Kosmas Mikayiri Vs. Kasibante Ananiya 1977+C19 297
Attorney General Vs. Haji Adam Farajara 1977 29

Damages - award of damages-shs.8,000/= awarded as general damages for wrongful
arrest and malicious prosecution-shs. 3,000/= awarded for loss of business for 30
days during which respondent's shop was closed by police -whether damages
excessive.
Kwataayo Vs. A.F. Karbani 1977 47
Soya Bakiri, Thru. Kumu Bakiri w/o Hassan Dwale Vs. Akamba Public Service 1977 47
Omara Bar Vs. Akamba Republic Road Bus Service Ltd 1977 48
Nyenge Wangula Vs. Attorney General 1977 48
Kanyerezi N. Vs. Attorney General & Dr. M.M.R. Chowdhury 1977 49
Musoke John Francis Vs. Yoweri Mayanja 1977 92

Damages - assessment of damages - earnings of a taxi driver - computation of time
begins from the date of collision up to the period when with due diligence the repairs
ought to have been completed - difficult for an ordinary taxi driver to keep of accounts
of his earnings and issue receipts for fares collected.
Nsubuga R.M. Vs. The Attorney General of Uganda 1977 99
Ngwire Erizimasi Vs. M/s Namasiga Juggery Mill 1977 99
Busuulwa G.W. Vs. Uganda 1977 98
Lusato Kato Vs. James M. Ngulumi 1977 100
Segawa Frencis Vs. Rentokil Laboratory 1977 100
Lubega Edrisa Sheikh Vs. Mulumba 1977 101
Almas Ramadhan Vs. Akamba Public Road Service Ltd. 1977 101
Odria Cabriel Vs. East African Posts & Telecomunications Corporation 1977 102
Nampungu Harriet Vs. 1. Attorney General & Wilson Ssenoga 1977 102
Ndula Peter Vs. Attorney General 1977 78

Damages -plaintiff sustained injuries leading to amputation of leg-quantum.
Kamya Charles Vs. Arua Dealers (1971) Ltd 1977 133

Damages - assessment of special damages-damage to motor - vehicle - vehicle
complete write off-damages not to be awarded for repair.
Lutaya Eneriko Vs. Poulo Ssengendo 1977 147
Page 301
Wasswa Silvesti & Nakyima Tereza Vs. Senteza Daniel 1977 147
Sembatya Zedekiya Vs. The Board of Governors, Ndejje S.S.S. Bombo 1977 148
Mahire Erikodi Vs. Bumali Lwakana 1977 148
Byandagali Fred Vs. Kigezi District Growers Co-operative Union Ltd 1977 149
Lubega John & Anor Vs. Uganda Transport Corporation 1977 149
Nabalinda Joyce Vs. Kakumiro Growers Co-operative Union Ltd 1977 150
Kitaka Chephas Vs. Uganda Transport Corporation 1977 138

Damages -professional fees-claim of professional fees work done which was not
under the agreement-ckaun if aydut fees to be governed by regulations issued by
institution of Chartered Accountants of U.K - given to the time taken to finish
the work and the interpretation of the agreement before assessing the charges.
Baryaawo Simon Vs. The Attorney General 1977 191

Damages - assessment - paralysis of lower limbs plus loss of sensation from level
of groin.
Katamba Mohamed Vs. Attorney General 1977 176

Damages - assessment of damages - dislocation of left shoulder - flexion in the
shoulder very limited that the claim lost his job as a mason.
Nsiyafa Lovisa Vs. National Insurance Corporation 1977 184

Damages - loss of dependency - calculation of loss of dependency depends on
working life and income of the deceased - working life taken to be 50 years.
Rogwa Sofi Salafino Vs. Kikira Sugar Factory & Another 1977 199
Omo Erunayo vs. Tibagwa Joshua & 3 others 1977 199
Kagwera David Vs. B.N. Serunkuma 1977 200
Sempa Isaka Vs Matovu John 1977 200
Biima Lawrensio & 17 others Vs. Ankole Tea Company 1977 201
Kagumire Pio & 9 others Vs. Ankole Tea Company 1977 203
Miateki Saudi Vs. Maritime Forwarders (U) Ltd. 1977 254

Damages - assessment - personal injuries - plaintiff aged 60 years sustained facture
of femur resulting in shortening of leg and limitation in movement of knee- quantum.
Olango J. W. & Another vs. Uganda /Transport Co. 1977 249

Damages - assessment - personal injuries - plaintiff sustained wounds on dorsum
of right hand and face and had weakness of 4th and 5th fingers with restriction of
Page 302
movements - quantum.
Mukigye Sulaiman Vs. Makerere University & Wilson Lubega 1977 260
Nankya Rose Vs. Mugalo Henry 1977 260
Kamya Naome Vs. Uganda Industrial Machinery Ltd 1977 338

Breach of Contract
Ssekaleja Vs. Kigezi African Wholesale 1977 339
Kayanja Vs. Matovu 1977 339
Kamushana & Others Vs. Lwanga & Another 1977 340
John Katoke & Another Vs. Messrs Kabalega Tours 1977 340
Lugega Paul J. Vs. S.V. Awinyo 1977 341
Nalubowa Jane Vs. Abdu Serwanja 1977 341
Sebahenza Selestino Vs. Musisi Yakobo M. 1977 342
Sebwasaaba & Edward Kalwe Vs. Shemaili Mukiibi 1977 342
Ssajabi Benjamin Vs. Attorney General & John Mwangi 1977 329
Damages - personal injuries - dislocation of the right - hip joint and closed fractured
of radius - loss of sexual satisfaction resulting in loss of of two wives -quantum.
Zikampata Erika Vs. Uganda Libya Trading Co. Ltd 1977 309
Damages - personal injuries - injury to eye - reduction in vision - quantum.
Tumwesigye Jackson Vs. National Insurance Corporation 1977 305

Damages - personal injuries - injury on head, facture of left femur, amputation
of leg, rapture of left femoral artery - quantum.
Ssonko Gerald Vs. Okech Tom 1978 36
Damages - defamation - libel - publication made to a small group with interest in the
matter - plaintiff's career not affected - quantum.

Damages - unlawful arrest, assault and imprisonment.
Olegum Joseph Vs. Messrs Kavuma's Motors Limited 1978 41

Damages - personal injuries - fracture of both legs resulting in permanent physical
incapacity of 20-25% - quantum.
Magamboni John M. Vs. Uganda Hire Purchase Co. Ltd. 1978 54

Damages - sale of goods - wrongful seizure of motor vehicle - assessment of damages.
Kawuma Christopher Henry Vs. Coffee Marketing Board 1978 43

Damages - personal injuries - plaintiff suffered (1) crush injury of right hand (2)
Page 303
traumatic amputation of the right little finger (3) compound dislocation of the right ring
finger with permanent physical incapacity of 15 - 20% - quantum.
Kamya Sarah by Y.L. Kamya Vs. Kasule David 1978 91

Damages -breach of promise of marriage - a secondary school girl made pregnant
after promises of marriage - defendant refused marriage in breach of promise -
quantum.
Nyanzi Edward & Mawejje Anna Vs. Securicor (U) Ltd 1978 92
Damages - personal injuries - wounds and abrasions left superficial sears - head
injured left post concussional syndrome - no permanent physical incapacity - quantum.
Damages - Law Reform Miscellaneous Provisions Act - Parent's claim for damages
for loss of services of deceased minor child - principles upon which recovery is made.
Nabukalu Mary Vs. ACME Tours 1978 120
Mukiibi Vs. Sentongo 1978 120
Serunkuma Vs. Sebastiana & Ziwa 1978 121
Katorogo Vs. Rugadya 1978 121
Katungisa John Vs. Ismail B.N. Mutyaba & Attorney General 1978 122
Lukulina Dratia Vs. Uganda Tranport Corporation & Mugoya 1978 122
Sembatya Samwiri Vs. Mengo District Administration & Paulo Bakabulindi 1978 114
Damages - personal injuries - raptured macula of right eye - reduction of vision to
6/36 and vision reduced to counting figures at one foot distance - plaintiff aged 17 and
school boy - quantum.
Enginu S. Vs. Olinger Sipiriano 1978 153

Damages - Assessment of damages - Principles governing assessment of damages
in seduction.
Kawesa Dick Vs. 1. Desire Nsereko & P.T. Nantaggya 1978 161
Damages - Personal injuries - severe injuries to right hip, fracture of neck of femur with
displacement, shortening of leg by 1½ - quantum.
Damages - claim for estate of deceased - deceased aged 8½ years - father in

responsible position with ability to pay for schooling - quantum - factors considered
before recovery for estate of deceased.
Namuddu Vs. Uganda Transport Corporaton 1978 167
Musoke Vs. East African Railways Corporation 1978 167
Otim Peter Okello Vs. Uganda Bags & Hessian Mills Ltd. 1978 167
Nabuma Anet & Anor Vs. Uganda Tourist Corporative Society 1978 168
Page 304
Balyagwe Vs. Uganda Transport Corporation 1978 168
Kwesiga Vs. Zeeke 1978 168
Toto Erisimasi Vs. Nsubuga 1978 169
Oyati John Vs. Attorney General 1978 169
Nakazi Consulate Vs. Dr. Y.B. Semambo 1978 147

Damages - personal injuries - right femur - right femur and right forearm fractured -head
injuries affected mental ability - permanent physical incapacity assessed at 50% -60%
plaintiff unmarried girl - quantum.
Engimu S. Vs. Olinger Sipiriano 1978 153

Damages - Assessment of damages - principles governing assessment of damages
in seduction.
Sekitoleko Edirisa Vs. Attorney General 1978 193

Damages - defamation - assessment and quantum of damages where there is no
evidence of the plaintiff being shanned or avoided by others - duty on plaintiff to
mitigate damages suffered - where plaintiff fails to mitigate damages nominal damages
to be awarded.
Musoke Sabiti Haji & 2 Others Vs. Uganda Cooperative Savings Union Ltd 1978 191
Damages -loans of consortium where wife killed - cleaned only limited to where wife is
injured or time between injury and death - no award given.
Damages - loss of dependency where wife killed and husband earning an income- wife
merely contributed to household budget - no award given.
Damages - personal injuries - fracture of tibia and fibula and bruising of lumber spine
resulting in shortening of the leg - unsightly scar on leg easily seen - plaintiff a young
unmarried girl - quantum.
Kibi Diwosoni Vs. Kirixeztomu Muwanga 1978 205

Damages - personal injuries - multiple injuries - plaintiff aged 44 years sustained
multiple fractures of the ribs, sever injury to the chest with loss of blood and lacerated
wounds on the chest and shoulder - quantum.
Ssali C.L.K. Professor Vs. Isaya Bwasigye 1978 188

Damages - special damages - special damages to be strictly provided.
Sindano A.B. Vs. Attorney General 1978 315

Damages - assessment - hired property - wrongful seizure of hired property from hirer's
possession - hirer entitled to recover value of property representing his interest therein
Damages - special damages - proof of special damages arising out of loss of business-
whether necessary for businessman to produce bank account to prove special damages.
Nansubuga Mary Vs. Sultan Amuli & Kaka Sunder 1978 314
Page 305
Damages - fatal accidents - Law Reform (Miscellaneous Provisions) Act, - claim of
damages for and on behalf of dependants of deceased - calculation of damages-
methods of computation and factors to be considered - apportioning the damages and
considerations therefore.
Nalugya Amina Vs. Uganda Transport Corporation & Sengendo Suleiman(Haji) 1978 301
Damages - fatal accidents - claim of damages under Law Reform (Miscellaneous
Provisions) Act by and on behalf of dependants - calculation of damages method of,
or principles to be used in computation thereof and factors to be considered.
Damages - Law Reform (Miscellaneous Provisions) Act - apportioning damages

amongst the dependants - principles to be followed and factors to be taken account of.
Annor Nalongo Vs,. J.W. Kyeyune 1978 322

Damages - personal injuries - ankle - fracture dislocation of ankle and cut wound on
right leg - development of osteorthritis of joint leading to crippling condition whereby
plaintiff would be unable to run, squat or walk briskly - temporary disability assessed
at 100% for 6 months - permanent physical incapacity assessed at 25% - quantum.
Mukama Sempa Vs. Sepiriya Kaddu 1978 292

Damages - personal injuries - assessment of damages - plaintiff sustained facial
palsy and mental and personality impairment.
Matovu Vs. Mukalazi and Another 1978 325

Damages - first plaintiff sustained posterior dislocation of the hip with fixed flexion
deformity, multiple lacerations and partial a avulsion of the roots of the bronchial
plexus with disability assessed at 50% - the second plaintiff sustained a closed
head injury with cerebral contusion, fractures of the shaft of the humerus and the
left femur with a permanent disability of 80-90% - quantum…
Rwendeire Fulujensio Vs. Uganda Successful Bus Co. 1978 325
Kawuma Paul Vs. Roko Construction Ltd 1978 326
Kabalisa Frank Vs. Mubaraka Idi Sebunya (Haji) 1978 326

Damages - 1st plaintiff sustained fracture of right femur with dislocation of elbow
joint and shoulder, and permanent disability assessed at 40% - 2nd plaintiff and
hip and a fracture of left arm with permanent disability assessed at 25% - quantum…
Nanziri Moyi & Nankya Egulasi Vs. Kambaza Joseph 1978 304
Damages - personal injuries - 1st plaintiff sustained fracture of the right femur with
dislocation of elbow join and shoulder, and permanent disability assessed at 40%
2nd plaintiff sustained injuries to left leg and hip and a fracture of the left arm with
permanent disability assessed at 25% - quantum.
Kwesiga Charles Vs. Vs. Y. Zeeke 1978 327
Musisi Erica Vs. Sendawula Eria 1978 327
Nassiwa Norah & Others Vs. Muwanga Edward 1978 328
Nsubuga A. Vs. P.N. Kavuma 1978 307
Page 306
Damages - personal injuries - minor plaintiff sustained fracture of the ulna and radius
and loss of one tooth - fracture healed well without a shortening or wasting of the arm.
Kalyebala & Others Vs. J. Katuramu 1978 329
Mikairi Salongo & Another Vs. Bihaine Saimon & Another 1978 330
Nakyanzi Benadeta Vs. Mbabazi Florence 1978 331
Mukasa Vs. Tamale 1978 332
Rukulina Datia Egabo & Another Vs. Mwangi John 1978 332
Kahwa Z. Vs. Uganda Transport Company Ltd 1978 318

Damages - personal injuries - first plaintiff sustained posterior dislocation of the hip
with fixed flexion deformity, multiple lacerations and partial avulsion of the roots of the
bronchial plexus with disability assessed at 50% - the second plaintiff sustained a
closed head injury with cerebral contusion, fractures of the shaft of the humorous and
the left femur with a permanent disability of 80-90% - quantum.
Semako Fulugensio Vs. Ssebugwawo Edirisa 1979 15

Damages - assessment of - duty of court to determine the quantum of damages -
whether or not assisted by parties or their counsel.
Obukan Peter Vs. Attorney General 1979 16

Damages - general damages - general damages for loss of expectation of life of child
of 7½ years - factors to be taken into account.
Damages - special damages - general expenses must be specifically proved before

can be recovered.
Lubangira Lazaro Vs. Akamba Bus Service 1979 20

Damages - assessment and measure of damages under the fatal accident provisions
for the benefit of deceased's estate-deceased died at the age of 18 with a monthly
income of shs.750/= a 25 years' working life expectancy would be reasonable with a
multiplier of 5.
Damages - Law Reform (Miscellaneous Provisions) Act-husband's claim for damages

for the estate of his deceased wife - whether the husband was competent to bring
such action.
Rwayangire Charles & Others Vs. Gulahaman Shamsudin 1979 28
Serunkuma Kosia Vs. M. Kinzioki 1979 29
Moses Egau Vs. Ojur 1979 29
Mukyere Abu & Basikale Bwire Vs. Kirunda Abudu 1979 30
Mukasa William Vs. Sekindu Manuel 1979 30
Page 307
Lutaya Pasikale & Kaggwa Matiya & Nekemiya Sempa 1979 31
Mutagubya & 5 Others Vs. J.D. Kagoloba 1979 31
Mwanje Robina Nakitya & Others Vs. Ssuna 1979 32
Kibwika & Anor Vs. Waibi Samwiri 1979 65

Brain Damage And Partial deafness
Lutaya Badesita Vs. Attorney General 1979 65
Mukiibi (suing by his next friend J.Katende & Anor Vs. B.s.Muimbwa M. & Ors 1979 66
Nakibuka Solome Vs. James Apitta 1979 66
Anyavu Alifezio Vs. City Council of Kampala 1979 67
Odong Paul & Another vs. Dr. Muwangira & Anor. 1979 67
Mwoko Patrick & Magoba Lucy Vs. Matama Perusi 1979 69
Sika Alima Vs. Kaiga Sulaiman 1979 69
Muhigirane Everest & Anor Vs. Kigezi Commercial Kwekamba 1979 70
Matovu Christopher Vs. Malakazi Erima & Akamada Sebanakitta 1979 104
Birabwa Sanyu Vs. Muzamiri Kisingo & Another 1979 104
Male Stephen & 6 Others Vs. Susane Iga 1979 105
Naziwa Mary Vs. A. Kyeyune Ssendagi 1979 106
Lubanga Mohamed & Others Vs. Lubwama Jojn 1979 106
Katesigwa Doviko & 5 Others Vs. Rwamwenge Abdalla 1979 107
Muhima Henry & Others Vs. Karim Bus Company 1979 109
Bamanyisa James & 3 Others Vs. Senkooza Dedraka 1979 110

Busingye Stephen & Another Vs. Lawrence Serwada 1979 111
Kiwanuka Grace & Another Vs. Rwigale 1979 112
Kairu Sam & Others Vs. Kabuye Salim Haji 1979 113
Agele Juma Vs. Kinalwa 1979 114
Kasanku Abdu & 5 Others Vs. Wind Travel Service 1979 114
Page 308
Nambalirwa Yudaya Vs. Uganda Tea Authority 1979 116
Muhima Henry & Others Vs. Karim Bus Company 1979 109
Esther N. Nalongo Vs. Y. Ntambi 1979 137

Damages - assessment - assessment of damages for loss of prospective pecuniary
assistance and loss of expectation of life - what has to be proved in each case-loss
of a reasonable probability of pecuniary advantage.
Senyonjo Frederick Vs. Construction Engineers & Builders, Packwach Road 1979 232
Damage - contributory negligence - apportioning of damages - the test used here is
the degree of blameworthiness or causative potency of the parties, acts in the particular
case.
Kakooza Edrisa Vs. J. Kyamatuku & W.G. Lwanga 1979 225

Damages - dependency - damages for loss of dependency - all claimants must be
brought to court.
Damages - life expectancy - factors to take into account when determining life
expectancy.
Kataratambi Grace Vs. Akaya Magala & 2 Others 1979 237

Damages - fatal accident - loss of dependency - loss of expectation of life - damages
for both - assessment and method of computation of damages therefore - factors to be
considered to reduce her damages.
Nakalema Esther Vs. Continental Dry Cleaners Ltd 1979 217

Damages - Personal injuries - quantum of damages for injury to hand.
Ongom George & Ongom Rose Vs. A.G., Akora Akubu & Owam Benjamin 1979 267
Damages - exemplary damages - award of exemplary damages - no requirement to
specifically plead or pray for exemplary damages in Uganda - CF: English Rules of the
Supreme Court, O.18 (3) - purposes of awarding exemplary damages - circumstances
under which award should be made.
Nakato Tereza Vs. Kamanda James 1979 265

Damages - proof of injuries - claim must be supported by proof of loss - requirement
of medical report in case of accident injuries.
Ssentongo William Ssalongo Vs. Muteesa Estate Limited 1980 23

Damages - general damages - claim for loss of use if vehicle - computation of such
claim.
Lugogobe Samwiri Vs. Lukungu Hussein 1980 18
Damages - quantum of damages in defamation case - what factors should be
considered - whether dwindling value of money is relevant - effect of failure by plaintiff
to plead damage in defamation case.

Damages - quantum of damages - personal injuries claim - multiple injuries.
Page 309
Namusoke Mwajuma Vs. Attorney General 1980 64
Damages - assessment and measure of damages under the Law Reform
(Miscellaneous Provisions) Act - fatal accident provision for the benefit of the
deceased's estate - husband died at age of 35 in prison having served 12 years in
jail and near end of imprisonment - had worked for 13 years as lorry driver and would
earn shs.300/= per month of which she 200/= was used in the home before he went to
jail - 15-20 years working life would be reasonable with a multiplier of 10.
Serwanga Yonasani Mundu Vs. Attorney General 1980 60

Damages - personal injuries - arm/neck-assessment of general damages.
Kigongo Charles Vs. Attorney General 1980 74

Damages - special damages - claim for damages in action based on negligence -
need for strict proof - strict proof means such proof on cogent evidence as the court
may base finding on and does not include or mean expert evidence - special damages
in respect of funeral expenses can only be awarded to those for whose benefit the
claim is brought - s.12 Law Reform (Miscellaneous Provisions) Act.
Sebunya Robert B.K. Vs. Attorney General 1980 68

Damages - quantum of damages - wrongful arrest and unlawful imprisonment -
principles to be considered in assessment - what evidence should be admissible in
considering aggravation or mitigation of damages - general principle set out in Walter
V. Alltools (194)1 71 LJ 372.
Nampima Christine Vs. Alonga John Stephen 1980 112

Damages - assessment and measure of damages under the Law Reform
(Miscellaneous Provisions) Act - fatal accident provisions for the benefit of the
deceased's estate - husband died at age of 38 earring about 7,000/= per month 2/3 of
which was the monthly dependency - reasonable working life and multiplier in the
circumstances.
Nkunda Enosh K. Vs. Attorney General and Anor. 1980 118

Damages - defamation, unlawful arrest, imprisonment and assault.
Yaya Amosi Vs. Attorney General 1980 120

Damages - damages for trespass - exemplary damages - when exemplary damages
may be awarded - whether value of property taken in trespass can be recovered - need
to plead special damages - whether evidence of conversion in a suit for trespass
entitles the litigant to special damages therefore - effect of such evidence.
Kyeyune & 5 Others Vs. Buruli Co-operative Union 1980 124

Damages - quantum of damages - personal injuries - multiple bodily injuries.
Senyonga Bernard Vs. Uganda Transport Corporation 1980 128

Damages - quantum of damages - personal injureis claim - femur/humerus - duty of
claimant to seek further treatment upon medical advice to do so - discharge of that
duty as mitigation of damages.
Tegampenda Simon & 3 others Vs. T.M.K. 1980 147

Damages - personal injuries - multiple injuries including sexual weakness.
Page 310
Epupi Oboth Achew Vs. Uganda Electricity Board 1980 136
Damages - personal injuries - injury to chest and multiple abrasions.
Gaffa Jane Vs. Francis X. S. Hatega 1981 55

Damages - Assessment of damages under the Law Reform (Miscellaneous Provisions)
Act - principles governing assessment - deceased aged 37 and practicing advocate
in a prosperous firm - also owned a poultry farm and 3 houses -shs.10,000/= used for
the upkeep of the family monthly - multiplier of 20 - appropriate in the circumstances.
Wamala Margaret Vs. Shell and B.P. (U) Ltd 1981 54

Damages - Damages under the Law Reform (Miscellaneous Provisions) Act deceased
aged 53 years - self - employed businessman earning about 5000/= per month -
multiplier of 2 used - assessment therefor.
Kisige Moses Vs. Muzakamu Batolewo 1981 66

Damages - award of general damages - general damages must be pleaded and proved
by the plaintiff if they are to be awarded.
Damages - wrongful arrested false imprisonment for 3 days without assault -

reasonable award in circumstances.
Kabanda Steven Vs. B. Serunkuma 1981 65

Damages - Damages under the Law Reform (Miscellaneous Provisions) Act -
assessment thereof where deceased aged 18 years old and earning shs.900/= per
month - multiplier of 25 taken as reasonable purchase.
Osire Martin Vs. Banki Saybi 1981 30

Damages - Damages under the Law Reform (Miscellaneous Provisions) Act deceased
aged 54 years, a cultivator and cattle owner - assessment therefore.
Ngura John Vs. Attorney General 1981 39

Damages - Exemplary Damages - when exemplary damages may be awarded.
Damages - Exemplary Damages - whether a claim for exemplary Damages needs to

pleaded.
Avone Salomon Vs. Attorney General 1981 42

Damages - exemplary damages - whether should be pleaded with supporting facts in
the plaint.
Kabona Brothers Agencies Vs. Uganda Metal Products and Ehamelling Co. Ltd. 1981 74
Damages - Loss of profits - whether profits were in the reasonable contemplation of
both parties at the time of making the contract.
The Board of Governors of Gayaza High School Vs. Owodyo Ltd 1982 31
Damages - general and special damages - basic test of whether damage is general or
special - need to plead and prove special damages- where special damages pleaded
but no specific amount claimed - error not fatal.
Ganafa Januario Vs. S. Baguma 1982 142
Page 311
Damages - assessment - damaged chattel - value of property is value at time and
place.
Bubare Company Vs. Kente Meble 1982 143

Damages - special damages - loss of business - evidence must be adduced to show
loss of business.
Nsaba Butoro James Vs. Munnansi Newspaper 1982 134

Damages - exemplary damages - circumstances in which court may award exemplary
damages.
Kyambadde W.M. vs. Mpigi District Administration 1983 44

Damages - exemplary damages - award - may be awarded in appropriate cases -
circumstances to be taken into account.
Damages - exemplary damages - award - only one award for compensation to be

made if circumstances justify exemplary damages.
Damages - special damages - proof - strict proof necessary but need not be supported
by documentary evidence in all cases.
Sentamu Fredrick Vs. Uganda Commercial Bank & Anor 1983 59

Damages - aggravated damages - award - appropriate circumstances - appropriate
where action of defendant extremely high handed and calls for censure aggravated
damages appropriate.
Damages - exemplary damages - award - appropriate circumstances - award

appropriate where action of defendant arbitrary, oppressive and constitutional.
Damages - unlawful arrest and false imprisonment - where chain of events not broken
and two incidents form part of same transaction - one lump sum award more
convenient and appropriate.
Mubiru John Vs. Attorney General & Anor. 1984 46

Damages - exemplary damages - appropriate circumstances - where the defendants
grossly negligent and plaintiff highly prejudiced.
Damages - exemplary damages - false imprisonment - duration - 16 months unlawful

an plaintiff case for award of exemplary damages.
Senyakazana Amos Vs. Attorney General 1984 48

Damages - assessment of general damages for a fatal accident - award under the Law
Reform (Miscellaneous Provisions) Act - assessment of dependency - a husband
caring more than his wife cannot be said to be dependant on her.
Damages - consortium and servitum - loss of wife - whether husband can recover.
Damages - loss of motherly care by children - loss of mother - whether children can
recover.
Damages - special damages - proof - strict proof necessary but need not be supported
by documentary evidence in cases.
Page 312
Kwarakunde Patrick Vs. The Attorney General 1984 60
Damages - general and exemplary damages - award - assault, unlawful arrest and
false imprisonment.
Mugenzi Donozit Vs. Attorney General 1984 64

Damages - general damages - impotence - plaintiff aged 48, had 10 children before
accident and his impotence not led to divorce - shs.169,000/= general damages.
Damages - general damages - paralysis - paralysis in lower limbs with foreign body
lodged in back - shs.900,000/= general damages awarded.
Damages - special damages - unrecoverable items - where money paid for plaintiff by
someone else who does not intend to have it repaid cannot be recovered.
Kafumbe Mukasa Abbey Vs. Attorney General 1984 33

Damages - special damages - extorted money recoverable as special damages.
Kikoye Mathias Kamya Vs. Attorney General 1985 75

Damages - special damages - damage to property - valuation report - valuation report
provides independent and credible assessment of damage and its possible cost and
assists court to determine whether expenses incurred in carrying out repairs
reasonable or receipts inflated - receipts acceptable however where no evidence of
their being inflated.
Damages - special damages - damage to property - where plaintiff fails to repair

property not because of impencuniosity but because of lack of spares and no evidence
that could have repaired vehicle in shorter period court to take judicial notice of lack of
spare parts.
Makumbi Frank Vs. Kigezi African Bus Co. Ltd 1985 69

Damages - special damages - where no evidence led to prove special damages claim
to be disallowed.
Mukono Cycle Mart Ltd Vs. Co-operative Bank Ltd & Industrial Engineers
& Constructors Ltd. 1987 66
Damages - special damages - proof - where not proved but pleaded pleadings offend
O.6 of Civil Procedure Rules (S.I. 65-3).
Ijjala J. F. Vs. Corporation Energo Project 1988-90 122

Damages - general damages - loss of earnings - computation damages - special
damages - where proved - where proved to be allowed and where not to be disallowed.
Kate Shilling Vs. Attorney General 1988-90 110

Damages - measure - detinue - measure for both detinue and conversion to be
assessed at date of judgment and not at that of defendant's refusal to return goods -
same principle applies whether defendant has converted goods by selling them or
has refused to return them for some other reason.
Kityo Sulaiti Vs. Uganda Consolidated Fund & Bossa Muhamad 1992-93 119
Damages - arm, teeth and head - quantum - resulting into physical injuries and pain
Page 313
together with fracture of the left arm, twisting of the right arm loss of several teeth,
fracture of the nose, head injuries and permanent disability assessed at 40% - what
quantum of damages are assessable in the circumstances.
Damages - special damages - proof - value of special damages not clearly established
by the plaintiff - factors court should take into account to assess the damages.
Kisasi Coffee Growers & Processors Ltd Vs. Uganda Commercial Bank 1992-93 112
Damages - defamation - award - substantial damages without proof thereof -
consideration of loss of value of currency in award of damages.

Damages - exemplary damages - must be specifically pleaded and not merely prayed
for.
Busingye Jack and 2 Others Vs. T.M.K. 1992-93 171

Damages - general damages - award - general damages strictly at court's discretion
but Counsel ought to address court on the same
Damages - special damages - proof - special damages to be awarded if strictly proved.
Banax Limited Vs. Gold Trust Bank Limited. 1997 37

Damages - assessment of damages - need for evidence to establish loss occasioned
by Bank wrongfully freezing customer's account.
Nanteza Peruis Vs. Sugar Corporation of Uganda & Another 1997 66

Damages - special damages - must be pleaded and strictly proved.
Tumusiime Simeey & 2 Others Vs. Henry Twinomugabe & Another 1997 69
Torts - Damages - damages are aimed at negligence against the defendants to recover
special and general damages in respect of a motor accident.
Byarugaba Naris Vs. Shivam M.K.D. Ltd 1997 71

Damages - general damages - when presumed to be accrue.
DEFAMATION
J.S. Shah Vs. New African Press Ltd 1970 14
Libel-whether an alleged defamatory statement referred to plaintiffs-damages.
O.L. Lalobo Vs. E.Y. Lakidi 1970 103

Damage for libel in "The People" - plaintiff defamed for practising nepotis-
interview with newspaper reporter whether slander or libel-defence of fair
comment.
O.J. Lalobo Vs. E.Y. Lakidi 1970 34

Libel or slander-newspaper report of interview - liability for publication.
Olowo Opoya Vs. The Attorney General 1972 84

Defamation -broadcast on radio-whether such contituted libel or slander-
Page 314
Lords Bar, Gertrude Bongyereire & Betty Masiko Vs.People Newspaper Ltd 1972 177
Defamation by libel-allegations of venereal disease-loss of business and loss of
prospects of marriage-assessment of general damages.
Kibirige Daudi Vs. Samuel Nkalubo 1972 126

Libel and slander-assessment of general damages.
Nkambo Samuel N. Vs. Rev. Daudi Kibirige 1973 2

Defamation-libel-whether priviledged communication - slander -whether actual
words had to be pleaded.
J. Senteza Vs. Shell & B.R. Uganda Ltd & 2 others 1973 198
presence of his employees and independent witness-dependent witness not called
by plaintiff -letter written to plaintiff alleging dishonest and commission of crime-
letter diotated to Secretary - whether dictation amounted to libel or slander-
Defences of justification and qualified privelege-assessement of damages.



are stated.
Tort -defamation-absolute privilege-whether communications between junior officers

of state covered-communication from on state official to another state official
doctrine - whether can be strenched to apply to junior state officers - local
administrations Act s.84(c ) confers only qualified provilege.
Tort-defamation -qualified privilege - malice evidence thereof - communications

made by county Chief in letters without verifying truth thereof-false criminal and
treasonable imputations against plaintiff in letters by county Chief-defence fails.
Defamation -libel-whether privileged communication-slander-whether actual words
Page 315
had to be pleaded.
J. Senteza Vs. 1. Shell & B. I. Uganda Ltd & 2 others 1973 198
presence of his employees and independent witness-independent witness not
crime-letter diotated to secretary-whether dictation amounted to libel or slander-
defences of justification and qualified privelege-assessment of damages.
Kanabo Sarah vs. The Editor in Chief Ngabo Newspaper & 3 Others. 1997 27
Defamation - damages - assessment of damages - matters to be considered in
awarding damages for defamation.
DEFECTIVE MEMORANDUM
Defective memorandum of Appeal-0.39 r. 1(2) of the Civil Procedure Rules-
whether appeal should be struck out or whether inherent powers of court to
allow amendment.
DEFENCE
Tororo Town Council Vs. P.M. Luande 1971 281
Defence of autrefois acquit-requirements for the application of the doctrine.
Uganda Vs. Lukasi Omondi 1971 309

Self-defence and Provocation-case where elements of both provocation and
self-defence exist.
Uganda Vs. Kwirimo Bua and 2 others 1971 229

The Trial on Indictments Decree (No.26 of 1971)-the date of coming into force-
trial conducted without assessors having been sworn-whether trial is a nullity-
s.65 of the Decree. Manslaughter-defecne of provocation-whether it is a
requirement that the wrongful act be done only in the presence of the accused
in order to constitute provocation.
Bisset John Stenhouse Vs. Uganda 1971 316

Manslaughter-defence of self-defence. Affidavit by counsel to supplement the
record - evidence of previous conduct to prove motive-sections 7, 8 and 14 of
the Evidence Act.
DEFILEMENT
Gwayambadde Gerald Vs. Uganda. 1970 156
Defilement c/s 123(1) Penal Code -medical evidence of penetration unsatisfactory
conviction for attempted defilement substituted.
Samadali Yozefu Vs. Uganda 1970 171

Defilement -voire dire-absence of corroboration implicating accused -s.149(3)
C.P.C - duty of prosecutor where statements contradictory.
Page 316
Uganda Vs. Bisamani s.o Ndirabanse 1970 91
Sexual offence-nature of corroboration required.

Unsorn evidence of child-sexual offence- no corroboration.
Uganda Vs. Livingstone Arok 1970 150

Plea of guilty to offence c/s 123 Penal Code-sentence for offence c/s 122 Penal
Code -court's power to allow plea of guilty to be withdrawn before sentence.
Olarkar Paulino Vs. Uganda 1970 21

Defilement of girl aged 9 c/s 123 Penal Code-plea of guilty - whether court has
duty to draw attention of accused to defence created by s.123(3) - matter
especially within knowledge of accused s.104(1) Evidence Act.
Uganda Vs. Henry Kayondo 1972 254

Defilement c/s.123(1) of the Penal Code-whether probation order could be granted
on conviction-probation Act, s.3(1) - whether defilement was offence for which
sentence was fixed by law-probation Act, s.2-whether life imprisonment was
mandatory-s.189 Magistrates' Court Act.
J. Tinkasimire Vs. Uganda 1972 45

Defilement c/s.123 of the Penal Code-conviction on evidence partly recorded by
one magistrate and partly by another under s.142 of the Magistrates' Courts Act.
Oloka Martinius Vs. Uganda 1972 220

Evidence-defilement c/s 123(1) of Penal Code-unsworn evidence of child of tender
years-requirement for corroboration section 99(3) of the Magistrates' Courts Act-
Uganda Vs. Henry kayondo 1972 254

Defilement c/s 123(1) of the Penal Code-whether probation order could be granted
on conviction-probation Act, s.3(1) - whether defilement was offence for which
sentence was fixed by law-probation act, s.2 -whether life imprisonment was
mandatory -s.189 Magistrates' Courts Act.
Uganda Vs. Kamuhanda 1975 394
Mwidu Badru Vs. Uganda 1994-95 11

Defilement - proof of penetration - accused can be convicted even when victim has not
given evidence.
Uganda Vs. Bogere David Kizito 1994-95 26

Defilement - ingredients of the offence - all ingredients must be proved before
accused is convicted.
Uganda Vs. Ibanda Charles 1994-95 95
Uganda Vs. Gidudu Robert 1994-95 97
Page 317
Uganda Vs. Ahamed Batabaire 1994-95 98
Uganda Vs. Kinobe Wilson 1994-95 101
DEPORTATION
Uganda Vs. Laki s/o Asia 1971 131
Immigration Act 1969-power to order deportation vested in the and not the court
s.14 of the Act.
DIVORCE
Kakunka Edward Vs. Aliet Yudesi Kyoyanga 1972 208
Divorce-onus of proof and degree of proof in divorce where adultery and disertion
constituted ingredients-whether desertion proved-whether adultery proved-
principles upon which appellate court should evaluate evidence.
Mackay anthony angus Vs. Margaret Mackay- Desertion 1972 211

Divorce - domicil of petitioner - standard of proof in establishing abandonment
of domicil of origin and acquisition of domicil of choice-judicial notice by court
of fact that expartriates in Uganda were liable to expulsion or extradition.
Naumann Dieter Vs. Horman Stella Joanita Naumann 1973 144

Petition for divorce by husband -one of the grounds being adulterty -failure to
comply with section 6 of the Divorce Act Cap.215-whether grounds open for wife
for divorce are open to husband-husband's failure to allege adultery on part of
wife/reposndent.
DOMESTIC RELATIONS
Tatiana Victorivina Thusova Adebiyi Vs. Adebeyi Adesola Adenji 1991 80
Domestic Relations - nullity of marriage - concealment of respondent's true faith-
whether there was consent to the marriage.
Kemitungo Florence Vs. Katuramu Yolamu 1992-93 155

Domestic Relations - customary marriage - proof.
Mukombe Moses Bulo Vs. Uganda 1998-200 1

Children = principles guiding children matters recognised by Constitution of Uganda-
welfare or best interests of children paramount.
ELECTION PETITIONS
Lule Kivumbi Athanasius Vs. Hon. Emmanuel Pinto 1996 9
Election Petitions - locus standi petition must either be losing candidate or voter
supported by 500 signatories from Constituency.
Election Petitions - not to be brought under article 80 of the Constitution of the

Republic of Uganda, 1995 - Constitutional Court not empowered to entertain Election
Petition.
Bakunda Darlington Vs. Dr. Kinyata B.G.S. & Ntaho Frank (R.O. Rukungiri) 1996 63
Page 318
Civil Procedure - election petition - application to amend the petition under r.7 of the
Parliamentary Elections (Election Petitions) Rules, 1996.
ELOPEMENT
Uganda Vs. Solomon Tanga & another 1970 165
Constitutional law-article 15(8) of the Constitution-whether the offence of
elopement c/s 121A Penal Code "defined" - meaning of elope-ingredients of
offence-men's rea.
Uganda Vs. Okello James & Jerobina Lajabi 1971 134

Elopement c/s 121A Penal Code - equivocal pleas of guilty.
Uganda Vs. Ogema and S. Angunya 1971 240

Elopement-burden of proof-ingredients of offence to be proved.
Uganda Vs. Olum Tanga 1971 27

Elopement c/s 121A(2) Penal Code -mandatory compensation order-meaning
of "aggrieved party".
Uganda Vs. Frasiko Kizito & Maurisa Nakanwagi 1971 109

Elopement, s.121A(a)(2) Penal Code-offence not committed by a female unless
the person with who she elopes is a married man.
Uganda Vs. Peter Awizia and Luija Aziro 1971 233

Elopement c/s 121A (2) of the Penal Code-particulars of charge.
Uganda Vs. Francis and Erimina Bwononi 1971 108

Elopement s.121A Penal Code -uncertainty whether female accused married -
civil procedure not appropriate to enforce compensation order.
Uganda Vs. Olugu s/o Misaki Okot 1971 236

Elopement c/s 121A P.C.-wife had left matrimonial home 4 years before charge
instituted "Elopement"-meaning of the word.
Uganda Vs. Fabiano Agabali & anor 1972 279

Elopement c/s 121A(1) and 121A(2) of P.C. - plea of guilty - omission to admit
knowledge of marriage-whether plea unequivocal.
Uganda Vs. F. Wodada & Another 1972 54

Elopement c/s. 121A of the Penal Code - reasonable belief that woman unmarried-
willful blindness as to whether woman married or not.
Uganda Vs. Charles Nsereko & anor 1972 149

Elopement c/s. 121A(1) and (3) of the Penal Code. Section 326(3) of the Criminal
Procedure Code-section 336A(1) of the Criminal Procedure Code-extension of
time in which to file an appeal-section 336A(1)(b) and (6) - Functus officio.
Uganda Vs. James Rukwandura & anor 1973 164

Criminal law -Elopement c/s.121A of Penal Code - whether mens rea is an
ingredient of the offence of elopement-nature of mens rea required-knowledge of
Page 319
marriage essential whether wilful blindness suffices.
Uganda Vs. Amuda s/o Yosia & anor. 1973 11

Elopement c/s.121A(1) and 121A(3) of the Penal Code - plea of guilty -defective
charge-definition of elopement -whether an offence to elope with deserted spause-
summary dismissal of case without hearing evidence -order of wife to return to her
husband.
Uganda Vs. Wilson Peter Ojok & anor 1973 135

Criminal Law-elopement - woman divorced and living with her parents-whether
offemce committed -criminal procedure-charge sheet-no statement in particulars of
the count against A2 that she eloped whti "a married man"-whether conviction
right-father of A2 as complainant -whether father an aggrieved party-s.121A of
the Penal Code Act.
Uganda Vs. Anderea Akua & another 1973 6

Elopement-whether order for compensation automatic-whether necessary to show
that there was an aggrieved party -order for attachment of accused's property for
failure to pay compensation - whether order that wife returned to her husband
legal - Magistrates' Courts Act, 1970.
Uganda Vs. Takyima Bate & anor 1973 43

Elopement c/s 121A (1) and s.121A(2) of Penal Code - pleas of not guilty-change
of plea by Al-conviction of both accused-application by prosecutor to dismiss the
charge under s.125 of the Magistrates' Courts Act, 1970.
EMPLOYMENT
Sekimpi Christopher Vs. Uganda Breweries Ltd 1972 216
Master and Servant-Employment Contract-Suspension or Dismissal -required
period of notice.
National Trading Corporation Vs. Moses Kityo 1972 175

Contract of employment-effect of suspension on payment.
Ddamulira Patrick Vs. National Insurance Corporation 1972 181

Contract of employment with corporation-no written regulations setting out terms
of service with corporation-suspension and dismissal-when dismissal toof effect-
right to notice-right to leave.
Christopher Sekimpi Vs. Uganda Breweries Ltd 1972 216

Master and Servant-Employment Contract-Suspension or Dismissal -required
period of notice.

Tort - Negligence-safe system of work-duty of employer to provide employee with
safe system of work-floor of work slippery due to drops of water and fat-floor rarely
cleaned and worn out gum boots provided to employee - employee - employee
slipped and sustained injuries-employer in breach of duty.
Page 320
Uganda Consolidated Properties Ltd Vs. Zaman 1982 105
Employment - orders of superiors - employee - where employee acts under influence
of his superiors, extortion of that weakness amounts to fraud.
Emomeri Julius Vs. Shell (U) Ltd 1997 58

Employment - summary dismissal - master entitled to dismiss servant for gross
misconduct.
Employment - gross misconduct - what amounts to gross misconduct.
Employment - breach of contract of employment - employer entitled to set off debt

against benefits of a servant.
Employment - compensation for dismissal or termination - onus is on the employee

to prove that he is entitled to extra compensation following dismissal or termination.
EMPLOYER
Bagologoza David Vs. The Uganda National Parks Trustees 1974 23
Negligence-employee in game park gored by buffalo after bath-whether employer
had taken all reasonable precautions -whether compound should have been
fenced.
Nanteza Benadeta Vs. West Mengo Growers Co-operative Union Ltd & another 1974 75
Negligence-duty to provide safe place of work-personal injuries-fracture of fibula
and malleolus -likelihood of osteoarthitis developing in right ankle-future persistent
moderate pain-liability or parent body and its subsidiary-whether they were jointly
severally liable -negligence -whether defendants were negligent -contributory
negligence-whether there was contributory negligence on part of plaintiff-quantum
of damages-assessment of damages - inflation taken into account.
Lwanga Bernard Vs. Impressa Del Benaco 1974 78

Negligence -personal injury -loss of an eye-duty of employer to provide safe
system of work-assessment of general damages.

Tort-negligence -duty of employer to provide and maintain safe system of work
and proper appliances-system out of order-failure by employer to repair-personal
whether employer liable-contributory negligence-assessment of damages.
Kigina Minani Vs. J.P. Okoth 1974 78

Negligence-personal injuries-determination and apportionment of liability -

Appellant/plaintiff sustained serious injuries when attacked by buffalo in a camp-
Page 321
Kimera Elimia Vs. Guardian Service Ltd. 1974 292
Tort-negligence-personal injury-electric shock-plaintiff servant of the defendant
suffered electric shock while clearing a room with electric socket-whether
defendant negligent-the kind of evidence required-nature of precautions defendant
ought to have taken-whether defendant should have provided gloves to cleaners-
duty of employer.
Pope John's Hospital & anor Vs. Baby Kasozi by A.K.Kasozi his next friend. 1974 46
Negligence-baby's eye blinded during forceps delivery at birth-whether doctor was
negligent-standard of care of professional man-whether higher than that generally
in negligence-res ipsa loquitur whether the doctrine applied to dangerous
operations.

Tort - Negligence-safe system of work-duty of employer to provide employee with
cleaned and worn out gum boots provided to employee - employee - employee
slipped and sustained injuries-employer in breach of duty.
ESTOPPEL
Estoppel - Res judicata-application of doctrine -where matters have been directly
and substantially in issue between the same parties in one court should not be
brought before another court.
Estoppel - estoppel operates as a shield not as a sword - need to put record in
evidence if intended to be relied upon.
ETHICS
damages and inadequacy of evidence adduced -duty of an advocate.
Walumwa George Vs. Desiderio Omara 1974 157

Civil Procedure-three suits filed in two separate courts-which suit was to be
maintained and which to be dismissed -clients chased round and lured into giving
instructions to two firms of Advocates contrary to Professional Ethics.
Obonyo Twiga Vs. Caltex Co. (U) Ltd 1974 21

Civil Procedure-application for stay of suit till payment of costs in previous suit
based on same cause of action-O.22 r.4 of the Civil Procedure Rules.
Tinkasimire Anakereti Vs. Bitature 1974 21

Civil Procedure and Practice-application to withdraw suit filed against wrong party-
no proper inquiries carried out by counsel before filing the plaint-whether counsel
should pay costs personally.

Tort-landlord and tenant-wrongful possession of and trespass on property-manse
Page 322
profits-meaning of manse profits - whether wrongful possession was an essence
of claim thereof s.2 of the C.P.A. Evidence -sketchy evidence-witnesses-whether
to give reasons thereof-whether appellate court was in as good a conclusions and
evidence without commenting on demeanor or untruthfulness of witness-relief-
whether court could grant relief not pleaded-counter-claim-form-whether omission
to follow usual form rendered pleading unless O.8 r.8 C.P.R.-court fees-whether
court Fees Rules Vol.x Laws of Uganda-whether deficiency could be made good-
O.7 r.11(c ) of the C.P.R. s.100 of the C.P.A. and r.6 of the Court Fees, fines &
Deposits Rules Vol.X Laws of Uganda-need for deficiency to be put right as soon
as discovered-whether counter-claim could be left on record where evidence for and
against it had been heard-framing of issues-O.13 r.5 of the C.P.R.-whether
Uganda Vs. Yakobo Omong 1974 90

Criminal Law-failing to prevent a fire lawfully lit from damaging another's property-
Penal Code s.311(c ). Fire blown by wind to house of complaint -whether the
accused had committed the offence-Criminal Procedure -judicial ethics-accused
in employment of convicting magistrate-whether should have tried the case.
Iga Vincent Vs. Agip (U) Ltd & Others 1975 14

Tort-negligence resulting in personal injuries-contributory negligence-quantum of
damages-remoteness of damages-whether it was permissible for an injured
workman to institute a Civil action in tort to recover damages for injuries in respect
of which he had received reparation under the Workmen's Compensation Act-
s.25(1) ( c) of the Workmen's Compensation Act -s.25(1) ( c) of the Workmen's
Compensation Act-duty of an advocate.
Batwala David & Others Vs. Hassan Kizza 1975 46

Civil Procedure-questions to be determined bythe court executing decree-inherent
powers of the court-ss.35 and 101 of the Civil Procedure Act-execution of orders
and decrees-when court may stay execution-O.19 rule 23(3) -payment out of court
to decree-holder under Order 19 rule 2(1) -professional ethics - whether conduct
of an advocate amount to professional misconduct.
Chryasastom K. Kitto Vs. W.V.K. Chadwick & Nyanza Textiles Ltd. 1975 58
Civil Procedure -Civil Appeal -Rules 76 (1) and Rule 4 of Court of Appeal for East
Africa Rules, 1972-Procedure for appeals.
Bauman A (Uganda) Ltd Vs. Lawrence Sserwanga 1975 84

Ethics - duty of an advocate-failure of counsel to appear on behalf of client on the
day fixed for hearing-failure to make a proper application for adjournment -whether
proper or inexcusable-civil procedure-dismissal of suit due to absence of the
plaintiff when suit called on for hearing under O.9 r.19-whether counsel may
proceed with the suit under O.9 r.20 of the Civil Procedure Rules-requesting an
adjournment by telephone -whether proper.
Kabatoro Vs. Florence Namatovu 1975 159
Page 323
Civil Procedure-suit by minor-application under O.29 rr.1 & 2 of the Civil Procedure
Rules for plaint to be struck out for failure to file authority of next friend with plaint-
costs-advocate personally liable.
Uganda Vs. Mbubuli 1975 226

Professional ethics-duty of counsel to adduce all evidence in court for fair trial.
EVIDENCE
Okurut Vs. Silver Sparings Hotel Ltd. 1971 141
Negligence -no case to anwer -whether defendant making submission should be
put to his election-personal injuries-injury to leg-essessment of general damages.
Setyabule Ibrahim Vs. Musitafa semuju 1971 45

Customary law-suit brought by father in respect of daughter's pregnancy-whether
evidence justified decision of trial court.
Mabiiho Deo Vs. Fred Keijabwangu 1972 176

Sale of goods-written contract-parol evidence-Evidence Act ss.90-99-adequacy of
consideration - witness in court throughout proceedings-whether evidence
inadmissible.
Uganda Vs. Opoo s/o Ogwang 1970 92

Evidence-circumstantial evidence insufficient to prove guilt-misdirection.

Unsorn evidence of child-sexual offence- no corroboration.
Uganda Vs. Robert Kayima 1970 93

Evidence -identification by confrontation-proper rules to be observed.
Uganda Vs. No. UA.4013 Pte. Hillary Ocaki & 2 others. 1970 31
Criminal Procedure (Summary of Evidence) Act, 1967-motion to quash
indictment-omnia praesumuntur rite esse acta.
Uganda Vs. Ruth Nanyonga & 2 others. 1970 170

Procedure -complaint used as evidence-evidence taken in absence of one of the
accused- fatal irregularities.
Uganda Vs. Aloys Owori 1971 284

Admissibility of telephone message-re-trial - factors of consider.
Bisset John Stenhouse Vs. Uganda 1971 316

Manslaughter-defence of self-defence. Affidavit by counsel to supplement the
record - evidence of previous conduct to prove motive-sections 7, 8 and 14 of
the Evidence Act.
Bone Erazimasi Vs. Uganda 1971 208

amended charge-Evidence on record not supporting the amended charge.
Uganda Vs. Anderea Otambi 1971 279
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Recent possession -circumstantial evidence-proper application of presumpt in
absence of direct evidence. Proper verdict where alternative offence is charge.
Busingye J. Vs. Uganda 1971 232

Conviction on appellants own plea of doing grievous harm contrary to s.212 of
Penal Code.
Owor Akisoferi Okoth Vs. Uganda 1971 209

Discrepancies in the prosecution evidence-resolution of the doubts.
Muzeyi Mary John Vs. Uganda. 1971 2

Expert evidence -duty of court of assess-misdirection on burden of proof-lacuna
in :Chain" of evidence regarding exhibits relied upon.
Uganda Vs. Livingstone Senyonga 1971 310

Identification of accused person-danger of relying on the evidence of a single
identifying witness-burden of proof when alibi pleaded -evidence of subsequent
conduct-section 8 of the Evidence act.
Uganda Vs. Dominiko Walusimbi 1971 131

Natural justice-right of accused to be heard.
Uganda Vs. Pantaleo Sseguya 1971 132

Mubiru John Vs. Uganda 1971 7

Sections 59-63 Evidence Act-proof of the contents of documents-proof of
documents by primary and secondary evidence.
Uganda Vs. Sitefano Asega 1971 320

Evidence -Relevance of admission during plea of not guilty.
Uganda Vs. Kalokole s/o Kalekezi 1972 52

Murder c/s. 183 of the Penal Code-evidence-whether statement made in accuded's
presence by witness who was absent at trial could be used as evidence against
the accused - whether accused's conduct in consequence of such accusation
could be used as evidence - whether conviction as accessory after the fact to
murder was warranted.
Uganda Vs. L.Walusimbi & anor 1972 205

Evidence-prima facie case - requirement for corroboration of unsworn evidence of
a child of tender years - doctrine of recent possession.
Oloka Martinius Vs. Uganda 1972 220

Evidence - defilement c/s 123(1) of Penal Code - unsworn evidence of child or
tender years - requirement for corroboration section 99(3) of the Magistrates'
Courts Act-nature of corroboration required.

Rape-need for corroboration of complainant's evidence-circumstantial evidence
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Byabasajja B. Serwano Vs. Uganda. 1972 20
Obtaining money by false pretences c/s.289 of the Penal Code. Circumstantial
evidence, whether enough to prove the accused guilty.
Uganda Vs. John Mudaga 1972 170

Murder c/s.183 of Penal Code - Evidence - prima facie case-accused last
person seen with deceased-absence of motive.

Murder c/s.183 of Penal Code Act-circumstantial evidence-common intention-
of Penal Code.
Uganda Vs. Festo Bazze & anor 1972 222

Murder-circumstantial evidence-accused found in possession of deceased's
property-murder presumed if all the circumstances of the case pointed to no
other reasonable conclusion-criminal practice and procedure - witness attacked
in cross examination-advocate failed to call evidence to show the basis for such
attack-practice deplorable.
Igola Abudala & anor Vs. Uganda 1972 273

Theft by servant c/s 252 and 258 of Penal Code-circumstantial evidence-closing
of case-instruction by judge to call further evidence.
Yoranimu Muzeei & anor Vs. Uganda 1972 78

Potential prosecution witness not called by the prosecution-duty of prosecution to
offer the witness to defence. Burden of proof-the accused not obliged to call a
witness if he so chose - confession -alleged confession challenged-trial within
trial to be held.
Mukasa Edirisa & 3 others Vs. Uganda 1972 18

Robbery c/ss.272 and 273 (1)(a) Penal Code-taking evidence of co-accused into
consideration at a joint-trial s.28 Evidence Act, identification.
Lutaya David Vs. Uganda 1972 45

Theft by a person in the Public Service c/ss.252 and 257 of the Penal Code-
section 112 of the Evidence act.
Uganda Vs. Joseph Jwarira 1972 141

Murder c/s.183 of Penal Code-Confession-Evidence (Amendment) Decree 25/71-
Construction-date of commencement.
Uganda Vs. L. Walusimbi & anor 1972 205

Evidence-prima facie case-requirement for corroboration of unsworn evidence of
a child of tender years-doctrine of recent possession.
Oloka Martinious Vs. Uganda 1972 220

Evidence-defilement c/s.123(1) of Penal Code-unsworn evidence of child of tender
years-requirement for corroboration section 99(3) of the Magistrates' Courts Act-
Page 326
Uganda Vs. Benedicto Kibwami Alias Ben 1972 247
Murder c/s. 183 of Penal Code-dying declaration - nature of corroboration required
Igola Abudala & anor Vs. Uganda. 1972 273

Theft by servant c/s.252 and 258 of Penal Code-circumstancial evidence -closing
of case-instruction by judge to call further evidence.
Goloba Yasimasi Vs. Uganda 1972 107

Robbery c/ss.272 and 273(1)(a) of the Penal Code-identity of accused from torch
light-evidence of consistency-credibility of witness-whether specific reasons must
be given for rejecting accused's defence.
Uganda Vs. Muhamadi Balinda & 3 others 1972 250

Murder c/s.183 of Penal Code Act-Evidence-prima facie case -evidence riddled
with contradictions, discrepancies and inconsistencies-importance of first report
to person in authority-submission of no case to answer.
Uganda Vs. Adurafu Bikamikire & another 1972 144

Evidence-discrepancies between witness's evidence -effect on credibility-
offering no further evidence.
Uganda Vs. A. Odoki - Cox 1973 191

Evidence-confession to local administration askari by accused-whether askari is a
police officer s.24 of the Evidence Act as amended by Decree No.25 of 1971-
whether such confession admission in evidence.
Mabuzi Leo Vs. Uganda 1974 81

Evidence -accomplice-whether evidence of accomplice required corroboration-
nature of corroboration required-circumstances which corroboration was not
required-section 131 of the Evidence Act.
Wanyama P. Vs. Uganda 1974 224

Criminal law-Corruption c/ss.1(a) & 5(1) of the Prevention of Corruption Act, 1970-
corrupt motive and accused's state of mind essential ingredients of offence-
whether motive of complainant also essential -whether complainant was an
occomplice-ss.11 & 20 of the Prevention of Corruption Act, 1970 s.131 Evidence
Act-meaning of public body-s.29 of the Prevention of Corruption Act-use of police
trap-whether proper-evidence-complainant's evidence full of contradictions,
discrepancies and inconsistencies-whether court could always believe part of
witness's evidence and reject the other -failure to consider alibi-charge sheet-
police charge sheet different from D.P.P's -effect thereof-s.25 Prevention of
Corruption Act, 1970 -forfeiture of money to state-s.214(1) Magistrates' Courts Act.
Bumba George William Bumba Vs. Philip Okech 1974 273

Tort-negligence-personal injury claim-head injuries leading to blindness-whether
diabetes mellitus resulting in blindness was a direct and foreseeable consequence
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Karaagwa Petero Vs. Uganda 1974 217
Criminal Law-murder-malice aforethought -inference from use of deadly weapon
following threats to those present-evidence-charge and caution statement of
accused admitted at preliminary hearing -whether statement amounted to
confession-whether inadmissible evidence could be agreed upon at preliminary
hearing -report of Government Chemist not produced-whether adverse inference
could be drawn against the prosecution.
Kasajja Yoweri Vs. Uganda 1974 5

Evidence-defilement c/s 123(1) of Penal Code Act -Voir dire-criterion for permitting
child of tender years to give evidence on oath.
Uganda Vs. Albino Ajok 1974 176

Criminal law-Murder c/s 183 of Penal Code -Evidence-circumstantial evidence-
need for inculpatory facts to be incompatible with the innocence of the accused.
Uganda Vs. Pantaleo Kalema & Anor 1974 142

Criminal Procedure -evidence-admissibility of extra-judicial statements -policeman
interviewing accuseds for some considerable time before taking them to magistrate
to make statements - policeman telling magistrate what the investigations had
disclosed -policeman used as interpreter-whether statements voluntary and
admissible in evidence-Evidence Act, s.24(2). Circumstantial evidence-murder -
case partly based on statements of accused and partly based on circumstantial
evidence-statements held inadmissible-medical evidence not supporting case-
deceased last seen in company of accused and an unknown person-whether
circumstantial evidence sufficient to prove accused committed the offence-Trial
on Indictments Decree, s.71(1).
Uganda Vs. Fredrick Ssembatya & Anor 1974 278

Evidence-circumstantial evidence-inculpatory facts must be incompatible with
innocence of accused-extra judicial statement by accused-when it could be taken
into consideration against co-accused-when it could be taken into consideration
on charge of murder c/s183 of the Penal Code.

Criminal law-theft by servant c/ss 252 & 258 of the Penal Code-forgery c/s326-
uttering false document c/s 330 and obtaining money by false pretences c/s 289
of the Penal Code-circumstantial Evidence-basis for conviction-whether theft
could be inferred from forgery and uttering.
Batala Kyagante Vs. Uganda 1974 219

Evidence-Postmortem Report-report admitted without formal proof -whether
properly admitted-bodies completely decomposed-whether possible to establish
cause of death -practice by Police of suggesting cause of death on post-mortem
form-whether desirable-what post-mortem report should contain-exculpatory
statement by accused incriminating co-accused-witness-whether evidence given
before witness is declared hostile could be relied upon -rationale and effect of
treating a witness hostile.
Mukasa Misaki Vs. Uganda 1974 3
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Evidence -burden of proof-remarks by trial magistrate in her judgment that accused
did not raise doubt and that fatal to the conviction.
Uganda Vs. John O.Okong 1974 249

Criminal law-murder c/s 183 of the Penal Code -defence of insanity -burden of
proof -evidence-identification by a single witness -need for caution before acting on
it-Alibi -burden of proof.
Uganda Vs. Isumaria Okullo 1974 85

Private prosecution for common assault c/s 227 of the Penal Code-no written
complaint and magistrate failed to record an oral one -sections 41(1) (3) and (4)
Magistrates' Courts Act-charge headed "Uganda Vs. Isumaria … -charge defective
in particulars - duty of court in respect of charges-sentence in default of fine
section 192(d) of Magistrates' Courts Act -admission of medical report on injuries
Uganda Vs. Salasiyo Mperwa 1974 119

Evidence-medical report-whether this could be tendered in evidence without
calling the doctor who made it-irregularity in procedure -sentence-fine of shs.300
or 2 months imprisonment in default-whether this complied with s.192(b) of the
Maazima Agondoa L/CPL Vs. B.M. Kakiza 1974 72

Negligence -personal injuries-fracture of the brachial plexus lesion -fracture of the
right arm-right arm paralysed-negligence-contributory negligence-damages-
quantum of damages-assessment of damages. Evidence-defendant called to give
evidence for the plaintiff-procedure-fact averred in the plaint admitted in written
statement of defence-whether defendant can subsequently deny it-estoppel-calling
a witness whose evidence had been admitted-O.16 r.12; O.16 r.4; O.11 r.4; O.17
r.1 of Civil Procedure Rules; -inherent power of the court-ss.101 and 102 of
the Civil Procedure Act.
Nyansio Lule Vs. Uganda 1974 138

Criminal Law-possession of forged Uganda Currency Note without lawful authority
or excuse c/s 336 of the Penal Code-ingredients of the offence-evidence-burden of
proof-when burden of proof shifted to accused-admissibility of certificate under
s.18 of the Bank of Uganda Act.
Uganda Vs. Abdala Sabani 1974 280

Criminal Procedure-plea of guilty -outline facts by prosecution to be put to the
accused before conviction is entered, immature age-s.14 of Penal Code -Evidence
necessary to show that child of the apparent age of 12 years had an intent to
commit the offence must be evidence from which trial magistrate can infer that at
time of commission of offence the child knew that what he was doing was wrong
and should not have done it, u/s 122 of the Magistrates' Courts Act of 1970-s.5(2)
of the Reformatory School Act.

Tort-landlord and tenant -wrongful possession of and trespass on property-manse
profits -meaning of manse profits-s.2 of the C.P.A. Evidence-sketchy evidence-
witnesses-whether where court preferred evidence of one party to the other it was
imperative on court to give reasons thereof whether appellate court was in as good
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a position as the trial court to judge where trial court made conclusions and
inferences from evidence without commenting on demeanor or untrusthfulness of
witness - relief -whether court could grant relief not pleaded-counter-claim-form-
whether omission to follow usual form rendered pleading useless O.8 r.8 C.P.R.-
court fees -whether payment necessary for legal institution of suits or other
proceeding-r.4 of the Court Fees Rules, Vol. X Laws of Uganda -whether deficiency
be made good - O.7 r.II (c ) of the C.P.R., s.100 of the C.P.A. of Uganda-need
for deficiency to be put right as soon as discovered - whether counter - claim could
be left on record where evidence for and against it had been heard-framing of
issues-O.13 r.5 of the C.P.R.-whether necessary-costs -whether advocate
personally liable for costs for professional misconduct and negligence.
Nantongo Arima & Ors Vs. Hiral Mohamed 1975 2

Tort -negligence-duty of care-heavy vehicle loaded with potentially dangerous
substance (petrol) and parked on wet and muddy murram verge-whether there
was negligence-standard of care - whether the greater the potential danger, the
greater the duty of care-petroleum (conveyance by Road) Rules, 1959 r.4 - res
ipsa loquitur-circumstances when it could be invoked-nuisance-whether negligence
was an essence -whether a criminal act was a necessary ingredient-public/
common nuisance-s.156 of the Penal Code -evidence-credibility of witness-whether
appellate court could reverse trial court's finding on credibility -nevus actus
interveniens-principle involved-criminal striking of match by third person thereby
igniting petrol -whether foreseeable - long interval between leakage and outbreak
of fire.
Uganda Vs. Bamutirize David 1975 9

Criminal Law-murder-malice aforethought-whether proved -intoxication-whether
existed-provocation ss.187 and 188 of the Penal Code -whether existed-self-
defence-whether there was need for defence if no attack made-evidence-exhibits-
whether a panga which had no blood on it could be tendered as exhibit-blood group
of accused and deceased same - whether relevant.
Buluma Lulenti & Anor Vs. Erenesti Mbirika 1975 41

Appeal - Civil appeal s.232(3) of the Magistrates' Courts Act, 1970-interpretation
of s.232(3) of the M.C.A.-land law-customary land tenure-encroachment on land-
witnesses-the demeanour and the evaluation of the credibility of witnesses -
burden of proof in civil cases-joinder of parties.
Uganda Vs. Lumu Lutyang 1975 33

Murder s.183 of the Penal Code Act-no case to answer circumstantial evidence
whether a statement made in a language not understood by accused was
confession.
Uganda Vs. D. Nzandema & Others 1975 34

Criminal Procedure-being in possession of suspected stolen property s.299 of the
Penal Code Act-exercise of police powers s.20 of the Criminal Procedure Code-
procedure to be followed-whether police officer must have reasonable grounds for
basis of suspicion-evidence-whether grounds of suspicion must be part of evidence
whether there was need for arresting police officer to give evidence before
conviction-whether prosecutor must narrate circumstances of arrest when arresting
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police officer did not testify-purpose for the procedure -plea of guilty-procedure and
practice to be followed before plea was entered.
Uganda Vs. Nanyanzi Proscovia 1975 28

Criminal Law-being idle and disorderly s.162 (1) of the Penal Code -wearing mini-
dress-minimum age for commission of offence-accused being 'approximately'
14 years of age-meaning of 'approximately' -evidence and procedure-medical report
improper admission of medical report-doctor not called to testify-whether trial and
conviction proper.

Civil Procedure 2nd appeal-section 232(3) of the M.C.A.-procedure for inspection at
locus quo -procedure before Grade II and III Magistrates-witnesses examined in
effect as O.16 r.4 of the Civil Procedure Rules -order for retrial at a much delayed
principles not advisable to customary land disputes-allocation of land during
Rewenzururu movement illegal-gross misdirection committed by the court below,
Uganda Vs. Ben Kawal 1975 78

Criminal Law-murder c/s 183 of the Penal Code-defence of insanity - severe pains
in the head and the loss of memory -whether amounted to a disease of the mind-
unexplained killing of a daughter followed by confused behaviour-whether evidence
of insanity-burden and standard of proof where defence of insanity was raised.

Criminal Law-robbery with Aggravation c/ss 272 and 273(3) of the Penal Code -
threat to use deadly weapon-what threat amounted to capital robbery - evidence-
identification by single witness-need for existence of conditions favoring correct
identification before acting on it-identification parade-necessity to comply with rules
of practice-corroboration - whether lies by an accused could amount to
corroboration-Criminal Procedure -preliminary hearing s.64 of Trial on Indictments
Decree-what evidence might be agreed upon.

Safety Act, 1970.
Page 331
Uganda Vs. Mikairi Nyandege 1975 114
Criminal Law-murder-evidence-deceased last seen in the company of the accused
and others-police led to the deceased's skeleton by accused-skeleton identified
deceased's father on basis of belt and trousers found round skeleton-whether
skeleton sufficiently as that of the deceased-whether such evidence sufficient to
prove that accused killed the deceased.
Karegyeya and Anor Vs. Uganda 1975 103

Criminal Law-rape ss.117 and 118-requirement for corroboration before conviction-
when conviction may be based on uncorroborated evidence of prosecutrix-evidence-
need to test witness' demeanour against other evidence-burden of proof-whether
accused had burden to explain why complainant should tell lies against him.
Uganda Vs. John Stephen Katisa & 4 others 1975 138

Criminal Law-murder s.183 of the Penal Code-credibility of witnesses - alibi-burden
of proof-malice aforethought and common intention lacking - identification -
murder reduced to manslaughter s.182 of the Penal Code.
Rweyoleka Jackson Vs. Uganda 1975 128

Criminal Law-traffic-causing bodily injury by careless use of a motor vehicle s.117
138(2)(b) and 65 (1) (a) of the Traffic and Road Safety Act, 1970-whether the
reasons"-court must ask accused whether alleged "special reasons" exist-vehicle
Uganda Vs. Kankuratire John 1975 134

Criminal Law - murder s.183 of the Penal Code-s.11 of the Penal Code-presumption
of sanity-s.12 of the Penal Code - insanity - burden of proof-disease of the mind-
meaning-medical evidence as to the accused's mental state prejudicial to accused
whether proper to admit it at preliminary hearing -medical evidence-whether
necessary to prove insanity -s.188A of the Penal Code-diminished responsibility-
burden of proof-accused's behaviour consistent with intention to kill or due to
sudden and gross provocation - lack of evidence to establish malice aforethought-
proper course to take.
Uganda Vs. Senzala & Another 1975 136

Criminal Law - murder s.183 of the Penal Code-whether conviction could be based
on evidence of identification by single witness-whether corroboration of dying
declaration required by law-malice aforethought-whether could be inferred from the
weapon used and nature of injuries.
Otoyo Matayo s/o Yowana Matini Vs. Uganda 1975 185

Criminal Law-robbery ss.272(2) of the Penal Code-defence of alibi-conflicting
evidence -corroboration -identification parade-whether property arranged.
Uganda Vs. Kikomeko Petero 1975 181

Criminal Law-murder s.183 of the Penal Code-whether malice aforethought
Page 332
established - corroboration-whether conviction could be based on evidence of a
single identifying witness-duty of court when faced with a single identifying witness-
nature of corroborative evidence required - whether case was sufficiently proved.
Byakuno Asuman Gobi Vs. Uganda 1975 167

Criminal Law-being in possession of suspected stolen property s.299 of the Penal
Code-person to give an account to the satisfaction of the court as to how he came
to possession the same-whether account must be on the balance of probabilities-
evidence -whether document admissible.


Criminal Law-robbery with violence ss.272(1)(a) of the Penal Code-whether
evidence of a single identifying witness sufficient to warrant a conviction-danger of
convicting on the evidence of a single identifying witness-need to consider all the
circumstances of the case-whether the trial court had weighed all the factors
which might have led to mistaken identification.
Uganda Vs. Mbubuli 1975 226

Criminal Law-Murder - self-defence-principles applicable -provocation-ss.183 of the
Penal Code - codification of common law principles of provocation by s.188 of the
Penal Code-Use of a spear on the most vulnerable parts of the body.
Evidence -medical evidence unsupported by other evidence-whether could be

disregarded-voluntary statement by accused made soon after arrest relating to
circumstances of offence-whether relevant and adduceable.
professional ethics-duty of counsel to adduce all evidence in court for fair trial.
Uganda Vs. Clement W. Nangoye 1975 251

Evidence-accomplice-not illegal to convict on uncorroborated evidence of
accomplice-Evidence Act, s.131 - Evidence to be believed first and then
corroboration to be considered.
Uganda Vs. James Rugabera & Christopher Mugwanya 1975 260

Criminal Law-Young Offender-accused under apparent age of 18 years-magistrates'
Courts Act 1970, s.190(1) - duty on court to form opinion as to age of accused -
whether where court forms opinion that accused young offender medical evidence
necessary-whether proper under Act.
Evidence-medical evidence-admissibility-proof-Doctor making when opinion without
Page 333
himself testifying in court-opinion inadmissible without secondary evidence.
Mpima Lawrensio & William Mulondo Vs. Uganda 1975 238

Criminal Law-murder-evidence-statement of person who is dead-statement only-
admissible if it deals with matters which resulted in death -Evidence Act, s.30.
Uganda Vs. Jenaro Ongom Langel 1975 280

Evidence - burden of proof - Traffic offence-"special reasons" - burden on accused
to prove special reasons exist-plea to be made on oath or otherwise.
Katabira Ali Vs. Uganda 1975 283

Evidence -confessions-confession in presence of police officers-inadmissible -
Evidence (Amendment) Decree, s.24(1).
Mayanja Geserwa Vs. Uganda 1975 278

Evidence-confessions-confession to sub-county chief-made without inducement,
threat or promise-whether admissible-Evidence (Amendment) Decree, ss.24 & 25.
Uganda Vs. 1. Pasakali Ndendahayo, Suleiman Kalujiye & Aliseni Kanunura 1975 334
Evidence -information leading to discovery - has no value when matter not in
exclusive knowledge of accused -effect on prosecution's case.
Rutagonya Erisa Vs. Uganda 1975 346

Evidence -burden of proof-Alibi-accused does not bear burden of proof -pleading of
alibi does not lessen burden on prosecution to prove case beyond satisfy
prosecution has proved case beyond reasonable doubt
Evidence-corroboration - accomplices - unsafe to convict on uncorroborated

evidence of accomplice-court to weigh evidence and satisfy prosecution has proved
case beyond doubt.
Rwivanga Fideri s/o Rukulere Vs. Uganda 1975 341

Evidence - Child - ability of child of tender years to understand nature of Oath -duty
of court to ascertain that before considering whether child possessed with
intelligence or understands duty to speak truth.
Uganda Vs. Twaha Muyangu 1975 340

Evidence-confessions - confession to Askari of Local Administration - Inadmissible
in evidence - policeman for purposes of Evidence (Amendment) Decree, s.24(1).
Evidence - Confessions-confession to Muluka Chief- Admissible in evidence.
Uganda Vs. Emai Ekongo 1975 343

Evidence -expert evidence- qualification of expert-firearms - police officer with
necessary experience and knowledge of firearms and ammunition - his evidence
admissible.
Page 334
Kateera George Vs. Uganda 1975 377
Evidence - child - ability to understand nature of telling truth - child could give evidence
on oath-procedure to be followed.
Bangirana George Vs. Uganda 1975 374

Evidence - corroboration - sexual offence-unsafe to convict on uncorroborated
evidence of prosecutrix.
Evidence - corroboration - silence of accused - accused making no reply when

accusation made in his presence and third party - whether his silence capable of
giving rise to an inference that he accepted truth of the accusation and therefore his
conduct corroboration prosecutrix's evidence.
Uganda Vs. Petero Kaliira & Yozephina Kaheru 1975 382

Evidence - Statements by accused - exculpatory statement and unsworn statements-
can not be evidence against co-accused.
Jamagara Erukana Vs. Anderea Obbo-Ogolla 1976 32

Evidence - Admissibility - Evidence given in suit in which appellant not a party -
whether could be taken into account by the court.
Uganda Vs. James Anthony Osega Esau 1976 7

Evidence - Burden of proof-murder-Burden of proof where defence of intoxication put up.
Kitutu Jackson Vs. Uganda 1976 8

Evidence - Admissibility-Statement of accused - thumb impression of accused
forcibly taken on paper-statement bearing that thumb impression produced by
prosecution-whether admissible .
Evidence - Burden of Proof - Alibi- Burden on prosecution to disprove.
Evidence-corroboration - Rape case-conviction on uncorroboration testimony of

prosecutrix - whether proper and safe.
Bizangande John Vs. Uganda 1976 10

Evidence-Admissibility - statement made while in police custody -whether admissible
in evidence-Evidence Act (as amended by Decree 25/71) s.24(2).
Sebigomba Vs. D.L. Kiyingi 1976 24

Evidence-Estoppel-Vendor gave access to appellant use and consented to
improvements effected thereon-vendor estopped from denying these facts-whether
purchaser equally estopped-Evidence Act, s.113.
Evidence-hearsay - Existence of pond for public use-witnesses testify that they

found pond in existence and being used when they settled in the area and they too
used it-whether this is hearsay evidence.
Uganda Vs. Henry Nyamwasa 1976 44

Evidence - Burden of proof - burden in murder cases - accused to prove insanity on
balance of probability and prosecution's burden to disprove provocation.
Page 335
Uganda Vs. Wabwire Bulowozo 1976 45
Evidence - confessions - repudiated statement-ought to be corroborated as rule of
practice.
Evidence - corroboration - repudiated statement ought to be corroboration as rule of

practice.
Agena Benedict Vs. Samafumu George 1976 51

Evidence - Burden of proof - negligence-burden in accident cases - burden on person
who suffers harm to prove negligence on part of defendant.
Evidence - scanty evidence-whether court could prefer evidence of plaintiff to that of

defendant where their versions conflict.
Bangizi Doroviko Vs. Uganda 1976 43

Evidence - circumstantial evidence - strange conduct of accused - whether a
conviction could be based on such evidence-prosecutor's case - short comings -
failure to prove case beyond doubt - Burden of proof not discharged.
Attorney General Vs. Charles Baranga & Bernard Kagwere 1976 48
Evidence - medical report - admission by consent only dispenses with proving report
but does not amount to admission of contents - medical report containing injuries
different from those in plaint-whether court could base assessment on medical
report or plaint.
Wamongo Benayo & 3 others Vs. Uganda 1976 78

Evidence - Burden of Proof - burden in criminal cases on prosecution to prove case
beyond reasonable doubt-court to deal with evidence as whole but not each evidence
in isolation.
Evidence - identification - circumstances favoring proper identification-assault done

in darkness and in presence of numerous people-whether circumstances favorable
for identifying assailants.
Evidence - submission of no case to answer - duty of trial court and not appellant
court to consider whether prima facie case established for accused to enter defence-
Magistrates' Courts Act, 1970, s.125 - submission of no case to answer at proper
state of trial and then further participation in subsequent proceedings bars any reliance
on submission on appeal.
Evidence - witnesses - Former statements of witness to be adduced to corroborate

testimony at trial - Evidence Act, s.155.
Uganda Vs. Ojoba Gabriel, Oswald Walum, Ogena Emmanuel, P. Olimura & anor 1976 88
Evidence - confessions - confession to chiefs - admissible if made when chief
performing administrative duties but not when exercising powers ordinarily exercised
by police - accused confessing to Chief and later arrested by same chief -whether
confession admissible.
Uganda Vs. John Nkusi & Samwiri Nyarambo 1976 85

Evidence - Confessions-repudiated and retroacted confessions ought to be
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corroborated - accused confessing to have broken into deceased's house and
committing theft - confession later retracted - accused then found in possession of
deceased's property possession of recently stolen property corroborated confession.
Evidence - statement by accused - statement where accused makes certain

admissions ought to be taken as a whole but need not be wholly believed or
disbelieved - court entitled to accept part of statement and reject another.
Olidong No.4572 Constable driver Vs. Uganda 1976 76

Evidence - criminal cases - accused offering explanation which required expert
evidence -such expert evidence missing from prosecution's case - Magistrate making
assumptions and theories to fill in prosecution's case - such assumptions not to
displace proof or be relied upon to supply important evidence missing from evidence
of prosecution-Magistrate erred and failed to give case judicial consideration.
Uganda Vs. David Mukasa & Kasim Bin Issa 1976 90

Evidence - identification - single witness - court ought to approach evidence of single
identifying witness with great care especially where conditions are unfavorable-court
to look for corroboration.
Evidence - medical evidence -medical report admitted at preliminary hearing - Doctor

not called to testify-opinion given by doctor who has not been called to testify is not
part of evidence -medical opinion a fact or document capable of being admitted under
Trial on Indictments Decree, s. 64.
Rwakaikara Tito Vs. Uganda 1976 82

Evidence - witnesses - Demeanor of witness -remarks about witness could be
recorded but conclusions as to whether to believe him not to be made until end of
trial.
Uganda Vs. Kamusini s/o Seku & Edward Wekesa 1976 166
Evidence - confessions-admissibility - confession by accused implicating co-accused
only admissible where accused implicates himself substantially, or to a greater
extent than others or where he exposes himself to same risk or greater than others.
Evidence - confessions - retracted confession-not to be taken into account in

absence of corroboration or proof that it is true.
Uganda Vs. Amisi Kajuna, Butoya & Abdul Batala 1976 163
Evidence -confessions -confession by accused implicating co-accused-not enough
evidence by itself to base a conviction-confession made to police constable
inadmissible under s.28 of Evidence Act.
Uganda Vs. Rutaro Francis 1976 169

Evidence - dying declaration - no conviction except where there is corroboration and
court satisfied that it is true.
Evidence - witnesses-evidence of witness could be untrue in certain aspects but true

in the main substance.
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Evidence -witnesses - Evidence Act creates no distinction among witnesses except
accomplices and spouses.
Uganda Vs. Obonge Alfunsio 1976 266

Evidence -conduct of accused - accused ran away on seeing the police approaching
his house - whether conduct showed guilty mind - whereas criminal intention may be
inferred from subsequent conduct of an accused a conviction is seldom based upon
this fact alone.
Kayibanda John Vs. Uganda 1976 269

Evidence -testimony given by the victim of a sexual offence need corroboration else
the court should warn itself of the danger of convicting without such corroboration-
having so warned itself the court may convict in absence of corroboration if satisfied
what her evidence is truthful.
Evidence - cross -examination - duty of opponent - where the opponent has declined
to avail himself of the opportunity to put his essential and material case in cross-
examination, it must follow that he believed that the testimony given could not be
disputed at all.
Uganda Vs. Manuel Epacu & Subeir Aburu 1976 284

Evidence - hostile witness - the evidence of a hostile witness ought to be discarded
in to.
Evidence -dying declaration -where it relates to identification of an accused person,

conditions favouring correct identification must be established - corroboration of a
dying declaration is necessary - evidence which itself requires corroboration as a
matter of law is incapable of offering the necessary corroboration.
Evidence -single witness - it is unsafe to found a conviction on the evidence of a

single identifying witness especially where conditions are unfavorable to such
identification-there is no legal requirement for such corroboration and it is legally
possible to base a conviction on the uncorroborated evidence of a single witness.
Bitaitana Sirasi & 4 others Vs. Emanuel Kananura ` 1977 34

Evidence - Affidavits - and affidavit is a serious document once it contains falsehood
in one part, the whole becomes suspect.
Kiwanuka Egnineses & Saturday Samuel Vs. Uganda 1977 1

Evidence-Exhibits - chain of evidence with regard to exhibits must not be broken if the
court is to place reliance on it.
Evidence-a trial court may accept part and reject part of the evidence of a witness, but
before doing so, the court must assess the veracity of his evidence against the whole
of the evidence given by him.
Uganda Vs. Oloya s/o Yovani Omoko 1977 5

Evidence -burden of proof-Burden lies on prosecution to prove case beyond
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reasonable doubt-accused not to be convicted on the weakness of the defence but
on the strong of prosecution case-duty of court to look at evidence as a whole.
Evidence-Evidence of child of tender years - court to ascertain whether child under-

stands mature of cash - if child is refused scorning -court should record that factor-
whether child is possessed with enough intelligence to understand duty of telling
truth his evidence requires corroboration-court to record clearly that vireo dire is dono.
Makerere University Vs. Kasiringi Daudi 1977 25

Evidence - in a case of wrongful arrest, the burden is on person arresting to establish
the existence of reasonable grounds for the suspicion justifying the arrest-s.28 of the
Wanyama James & Another Vs. Uganda 1977 56

Evidence -identification-robbery committed at night-circumstances of identification
identification by means of candle and torch light and accused known to victims.
Sevume Silag Vs. Uganda 1977 55

Evidence-corroboration-sexual offences-evidence of complainant in sexual offences
ought to be corroborated.
Uganda Vs. Tomasi Omukon, Vincent Tukei, Erinayo Orone 1977 61

Evidence -visual identification evidence-where conditions for a correct identification
are difficult, it is generally unsafe to convict on visual identification evidence in
absence of "other evidence" which if considered together with the identification
evidence excludes any possibility of error.
Evidence-dying declaration-before accepting a dying declaration it must established

that the make had the opportunity to identify attackers.
Evidence - "other evidence" includes not only evidence such as amounts to

corroboration but to exceptional circumstances which when considered together with
identification evidence reasonable excludes any possibility of error.
Uganda Vs. Charles Bernard Ntusi & Godfrey Zereka 1977 64

Evidence - statement of co-accused - whether co-accused's statement should be
taken against the other.
Uganda Vs. No. 8710 P.C. Clephas Ntura 1977 103

Evidence - Burden of proof-burden on prosecution to prove its case beyond
reasonable doubt- accused not to be convicted on the weakness of the defence but
on the strength of prosecution case.
Evidence - burden of proof - where intent is an ingredient of offence no onus is on

defendant to prove that the alleged act was accidental.
Evidence - cross examination - duty on party to put to each of his opponent's

witness so much of the case as concerns that witness- failure to challenge evidence
in chief leads to inference that evidence is accepted.
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Evidence -witnesses-expert witness-an expert to be competent witness need not
acquire professional knowledge - knowledge acquired through special training and
experience is sufficient.
Evidence - witness - expert witness - court not bound to accept opinion of expert -
opinion of expert only to assist court to form its own opinion about the case.
Owiti Andrew Vs. Opio John 1977 124

Evidence - misappropriation of funds - reliance on false receipts and books of accounts
false receipts and books of accounts should be produced and expert evidence
adduced in court.
Evidence - burden and standard of proof - reliance on criminal conviction in civil action-
conviction in criminal case is not by itself proof in civil action that convicted person is
liable.
Uganda Vs. Lokut Abubakar 1977 108

Evidence - circumstantial evidence- accused being in possession of a recently
stolen car- owner of the car shown to the police- whether the explanation displaced
the inference arising from the doctrine of recent possession-evidence adduced was
not sufficient to sustain a conviction of murder.

Evidence - circumstantial Evidence -murder deceased last seen alive in company of
accused.
Kamya Charles Vs. Arua Motor Dealers (1971) Ltd. 1977 134
Evidence- export evidence - meaning of an expert - court to determine who is an
expert - expert in motor mechanics.
Baraba Sitefano Vs. Kimuli Edirisa Haji 1977 137

Evidence - judgment based on what a person not called as witness had stated -
whether proper to rely on such statements.
Sembajjwe G. W. & Hassan Mustafa Vs. Uganda 1977 118

Evidence - identification - evidence of a single identifying witness at night-such
evidence to be corroborated upon by "other evidence" pointing to the guilt of the
accused.
Nsubuga Eridadi Vs. Uganda 1977 172

Evidence -alibi - duty of prosecution to disprove alibi.
Evidence - extra - judicial statement of co-accused - such statement can be taken

into consideration against a co-accused to supplement an otherwise substantial case
against accused.
Evidence - identification - cases depending on identification - court must weigh

evidence with greatest care bearing in mind possibility of mistaken identity.
Uganda Vs. Kaloli Minani 1977 165
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Evidence - confession - admissibility - confession made in presence of and in
custody of police officer is not admissible in evidence - Gombolola askari is a
policeman for purpose of Evidence Act, s.24.
Evidence - circumstantial - such evidence must point irresistibly to accused as one

who committed offence.
Uganda Vs. Gudoi Ludoviko & Wandyetye Fabian 1977 168

Evidence - identification-identification by single witness - where case against accused
depends on evidence of a single identifying witness, court is duty bound to direct
itself in terms of the law as laid down in Wendi Vs. R (1953) 20 E.A.C.A. 166 and
Roria Vs. Rep. 1967 E.A. 583.
Evidence - "corporation' or 'other evidence' are not synonymous terms- evidence

amounting to corroboration may constitute 'other evidence' - 'other evidence' may
also include exceptional circumstances or evidence not amounting to 'corroboration'
which if looked at, removes any doubt that identification was correct and free from error.
Evidence - burden of proof - though no burden whatsoever lies on accused to prove
anything and it is for prosecution to prove accused's guilty beyond reasonable doubt.
Where prosecution case so strongly points to guilt, failure to explain inculpatory facts
is a factor than a court may comment on.
Uganda Vs. Kibirige Herbert, Seguma Eriya, Lubowa Livingstone 2 others 1977 174
Evidence - circumstantial evidence - conviction and sentence of appellants based on
stolen items which were recovered - whether evidence was sufficient to sustain a
conviction.
Uganda Vs. Siranuye Gabriel 1977 214

Evidence - accused and deceased last seen together before deceased killed - accused
and deceased were close friends - incriminating evidence of leading police to where
the body was found - another suspect in the case who had long disappeared -
whether evidence sufficient against accused.
Evidence - exhibits - no evidence as to how package of exhibits admitted in evidence

in chemist's report reached Government Chemist - exhibits not produced in evidence-
report of the Government Chemist useless.

Evidence - an accused may by his own evidence or evidence of a witness called by
him supply what is lacking in the prosecution case-the evidence of an accused is on
the same basis as any other evidence and the court is entitled to consider the whole
of the evidence both for the prosecution and for the defence before reaching its
conclusion.
Uganda Vs. Yigga George William 1977 216

Evidence - circumstantial - murder - deceased drowned and never seen again -
deceased did not know how to swim - whether sufficient evidence to prove death.
Evidence - witness's evidence - full of discrepancies between statement to police and
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testimony on oath - discrepancies grave to render testimony unreliable - key witness
suspect.
Ofwono Benedicto Vs. Uganda 1977 210

Evidence - date of commission of offence - where the date is not material and therefore
does not form an essential part of the offence, the insertion of a wrong date can be
ignored by the court if it does not embarrass the accused in his defence -s.83 of
M.C.A., 1970.
Evidence - witnesses - consistency and non-contradiction of witnesses in cross -

examination help the court in assessing the veracity of witnesses.
Evidence - correctness of evidence - the court may presume that the evidence
recorded was the evidence actually given - the presumption can only be rebutted
either by an affidavit attacking the correctness of the court record or by evidence on
oath to that effect - Evidence Act s.78.
Uganda Vs. Kaloli Katongole Matovu 1977 238

Evidence - confessions - repudiated and retracted confession ought to be
corroborated - confession corroborated by circumstances in the case.

Evidence - proof of handwriting - expert evidence is required or person familiar with
accused's handwriting should be called.
Evidence - burden of proof-burden of proving guilty of accused always rests on

prosecution - accused has no burden of proving his innocence - shifting of burden to
accused is erroneous.
Uganda Vs. Nalukwago Esta, Okwanga & Okello Joseph 1977 302
Evidence - identification - circumstances must favour correct identification.
Evidence -dying declaration - in circumstances where proper identification is difficult,

dying declaration implicating accused in unreliable.
Evidence - confession - repudiated confession - where a confession is established

and unchallenged - confession is acceptable.
Evidence - confession - repudiated confession - where a confession is repudiated

corroboration is required as a rule of practice.
Lwanga Yusufu Vs. Uganda 1977 280

Evidence - corroboration - sexual offences - evidence of complaints in sexual offence
must be corroborated in law - factors constituting the corroboration.
Evidence - evidence of child of tender years - child of 12 years gave evidence on oath-
voire dire not held - duty of court to conduct voire dire and write down notes of
examination - effect of omission.
Evidence - evidence of child of tender years - duty of court to find out whether the
child understands nature of oath - if he doesn't the court must ascertain whether he
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possesses enough intelligence to understand duty of telling the truth.
Uganda Vs. Musisi Christopher 1977 298

Evidence - exhibits - policeman who received exhibits from accused not called to
testify whether exhibits in court were same as those he received from accused -
chain of evidence linking the exhibits recovered from accused and those produced in
courts lacking - evidence of exhibits useless.
Ojul Lameka Vs. Uganda 1977 272

Evidence -witness - hostile witness - when witness has been declared hostile his
evidence cannot be taken either for the prosecution or for the defence.
Evidence - witness - conflict of testimony by prosecution witnesses - benefit of

doubt should be given to accused person.
Evidence-extra judicial statement - accused admitted extra judicial statement made

to magistrate - accused declined to cross examine magistrate - whether accused
can deny statement on appeal.
Kasozi Simon Vs. Uganda 1977 265

Evidence - identification - accused seen twice during day by complainant - whether
there was ample chances of identifying accused.
Kasujja Mohamed Vs. Uganda 1977 274

Evidence - identification - identification of single witness at night - witness has seen
accused once - no corroboration was offered - identification not absolutely water
tight - whether conviction could be upheld.

Evidence -proof of handwriting - expert evidence is required or person familiar with
accused's handwriting should be called.
Evidence - burden of proof - burden of proving guilty of accused always rests on

prosecution - accused has no burden of proving his innocence - shifting of burden to
accused is erroneous.
Gakwavu Berchamans Vs. Mariana Gasengayire 1977 322

Evidence - judicial separation -petitioner unable to give evidence due to illness -
evidence given solely by petitioner's children - petitioner must give evidence in person
or swear affidavit - court can take evidence at locus in quo if petitioner unable to
attend court.
Evidence - taken at locus in quo - must be recorded otherwise proceedings can be

quashed as irregular.
Guni Julius Vs. Uganda 1978 22

Evidence - alibi - identification.
Serugo Vs. Uganda 1978 1

Evidence - burden of proof - burden of proving guilt of accused rests on prosecution
and never shifts.
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Evidence - circumstantial evidence - to base a conviction on circumstantial evidence,
the evidence must not leave any doubt as to guilt of accused.
Evidence - corroboration - unsworn evidence of child of tender years - although

unsworn evidence of child of tender years requires corroboration, this is only so if the
evidence implicates accused.
Uganda Vs. Ewagu & Anor 1978 6

Evidence - confessions - a confession extracted from the accused by torture is not a
voluntary confession - a court can only rely on a confession if it is satisfied that it was
voluntary and it is corroborated in material particulars.
Evidence - confession - burden of proof - the burden of proof that the confession is
true and was voluntary lies on the prosecution.
Katuramu Edward, Tibamugeya Joseph & Gabriel Rwabusari Vs. Uganda. 1978 15
Evidence - evidence or co-accused - admission of evidence of co-accused not given
on oath - statements not on oath are not 'accomplice evidence' - such statement can
only be taken into consideration against a co-accused and only used to supplement
an otherwise substantial case against a co-accused.
Uganda Vs. Turwomwe Petero 1978 15

Evidence - extra judicial statement containing confession - voluntary nature of
statement - detailed statement corroborated by prosecution witnesses.
Uganda Vs. Abdu Guloba 1978 29

Evidence - murder - circumstantial evidence - deceased last seen in company of
accused and accused had injuries - whether sufficient evidence.

Evidence - confessions - confession by accused made at time of arrest - whether such
confession can be accepted as voluntary.
Evidence - confessions-confession by accused person to chiefs - whether admissible-

whether chiefs are police officers for purposes of s.24 of Evidence Act.
Uganda Vs. Rev. Fr. Paulo Kabishanga & Str. Veneranta Nyakato 1978 69
Evidence - confession - statement that contains exculpatory statement co-accused
can not amount to a confession if the statement negatives the offence alleged to
be confessed.
Evidence - confession - confession of co-accused - though confession of co-accused

can be taken into account it can't be used to form basis of case against the others.
Evidence - confession - extra-judicial statement of accused contained details nobody

could know of except accused - whether statement true and amounts to confession-
test is whether in absence of any explanation or qualification statement points to
guilt of maker.
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Evidence - confession - retracted and repudiated confession - repudiated or retracted
confession to be received with great care and before basing conviction on it court must
be satisfied that it is true - court usually to act on it if corroborated in material
particular though corroboration is not a legal requirement.
Evidence - confession - confession to be taken as a whole though no need to believe

or disbelieve it as a whole - court can accept part and reject the other - where the two
parts are so interwoven that rejecting one part will render the other quite different court
should not accept part.
Uganda Vs. Deo Kule 1978 66

Evidence - identification - identification of accused by witnesses whom he attacked,
who know him very well and in early hours of evening - whether identification proper.

Evidence - evidence needed to prove offence -evidence to prove that manner in which
accused was driving must constitute a danger to the public.
Enginu S. Vs. Sipiriano Olinger 1978 153

Evidence - customary law applied in seduction - whether there was need to prove
existence of customary law.
Ndyayakwa Efurasi & 2 Others Vs. Uganda 1978 181

Evidence - assessment of evidence of witness- in assessing evidence of a witness,
his consistency or inconsistency is a relevant matter for consideration as it may
determine whether his evidence should be rejected or acted on.
Evidence - confessions - Evidence Act, s.29A - what is admissible under this section
is not the enter confession but so much of it as relates to the fact discovered as a
result thereof.
Evidence - corroboration - corroboration is only looked for to support evidence which

is credible, satisfactory and sufficient, otherwise where a witness is intrinsically
incredible, his evidence cannot be thought to require corroboration nor can it afford
corroboration.
Evidence - corroboration - evidence of child of tender years - no conviction can be

based on unsworn evidence of child of tender years unless corroborated as a matter
of law - where the child is sworn or affirmed, although there is no requirement for
corroboration the court should warn itself of the danger to acting on such
uncorroborated evidence - failure to do that is fatal to conviction except where no
miscarriage of justice has occurred under s.137 of Trial on Indictment Decree.
Evidence - Evidence Act, s.29A - an accused for the purposes of this section is not
restricted to a person who has been charged or is in custody but covers all suspects
if subsequently charged with an offence.
Evidence - identification - evidence of single identifying witness-such evidence ought

always to be approached with caution - however, an accused may be convicted
thereon if conditions are favourable for a correct identification otherwise "other evidence"
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whether circumstantial or direct is needed before convicting thereon.
Sserwada Vs. Uganda 1978 175

Evidence - circumstantial evidence - such must link the accused directly with the
commission of the offence charged - inferences of the offence charged - inferences
from behavior and conduct of the accused - such inferences to be incapable of any
other explanation than that of accused's guilty.
Evidence - circumstantial evidence - such evidence may provide corroboration but

it must itself be incapable of any other explanation than that of the accused's guilty
otherwise such evidence cannot afford sufficient corroboration.
Evidence - confessions-burden of proof of voluntariness of alleged confession lies

on the prosecution - the burden is even higher after actual violence has been used.
Evidence - confession - confession to be admissible in evidence must be voluntary -

Evidence Act, ss.24, 25 and 26 - confession obtained by threat and fear - accused
tortured and threatened with death while in police custody - alleged confession made
thereafter - for a confession to be admissible there should be no inducement, threat or
promise acting on the mind of the accused at the time of the making thereof - trial
within a trial to be held where accused challenges a confession and prosecution to
adduce all evidence to prove voluntariness thereof.
Evidence - Evidence Act, s.25 - when the section comes into operation - section
comes into operation at the state of "trial within a trial" when the issue of the alleged
confession's voluntariness is being considered.
Omukono Tomasi & Tukei Vincent Vs. Uganda 1978 171

Evidence - child of tender years - meaning of tender years - ordinarily child of tender
years is below apparent age of 14 years - age of 14 years only guideline - court to use
its good sense in determining whether child is of tender years.
Evidence - evidence of child of tender years - where child does not understand nature
of oath, his general intelligence should be tested to find out whether he understands
duty of telling truth before receiving his evidence not on oath.
Evidence dying declaration - it is usually unsafe to base a conviction solely on

evidence of dying declaration without sufficient corroboration.
Evidence - dying declaration - written dying declaration - a declaration reduced to

writing should be in the exact words of declarant.
Evidence - dying declaration - dying declaration containing mistakes or untrue

assertions - whether acceptable - mistakes or untrue assertions can be ignored and
true part of declaration accepted provided it is corroborated.
Evidence - dying declaration - weight to be attached thereon - weight to depend on the

certainty of identity of assailant and on class association in time and place and
circumstances between making it and other crucial events.
Mbabali George William Vs. Uganda 1978 231
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Evidence - accomplice - what amounts to accomplice.
Evidence - confession - confession to policeman - whether admissible - s.24 Evidence

Act.
Dhatemwa Amisi Alias Waibi Vs. Uganda 1978 218

Evidence - circumstantial evidence - circumstantial evidence is evidence of
surrounding circumstances capable of proving facts in issue - it is no derogation of
evidence to say that it is circumstantial.
Evidence - circumstantial evidence -circumstantial evidence is often the best

evidence - it is trite law that such must be narrowly examined as it may easily be
fabricated - before drawing an inference of the accuser's guilt from circumstances
which would weaken or destroy that inference.
Uganda Vs. Bungamwizi Desire D. 1978 227

Evidence - circumstantial evidence - where there are no eye witnesses inferences of
fact may be gathered from proved circumstances.
Uganda Vs. Ogwang George 1978 233

Evidence - expert evidence - opinion evidence of experts admissible s.43 Evidence Act-
expert to testify to his competency before his testimony is properly admitted - failure
to adduce evidence of competency does not in all cases render evidence inadmissible
especially where witness' occupation imports prima facie evidence of qualification and
experience.
Evidence - expert evidence - Medical Assistant gave opinion as to type of injury as

harm or grievous harm.
Nsubuga A. Vs. P. N. Kavuma 1978 307

Evidence - admissions - admissions are relevant and may be proved against the
person making them - Evidence Act, s.21 - admission in civil cases are admissible
on the same grounds as confessions in criminal cases.
Uganda Vs. Lote Joseph 1978 269

Evidence - burden of proof - burden in every criminal prosecution always on the
prosecution to prove accused's guilt beyond reasonable doubt - an accused does not
assume the burden of proving his defence - he need only raise a probable issue except
in a few cases of which intoxication is one.
Evidence - evidence of prosecution weak and contradictory and full of lies - no

reasonable tribunal should convict on such evidence as it would only raise a doubt in
favour of accused.
Evidence - statements to police - whether such statement is evidence of maker -

court can only accept as evidence with a witness states in court - police statement
is evidence as it is neither made on oath nor is the maker thereof cross-examined.
Kizza Joseph Mutesasira Vs. Uganda 1978 279

Evidence - burden of proof - burden of proof in criminal cases - burden of proof in
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criminal cases always lies on prosecution.
Evidence - evidence of the arrest or arrest of an accused - such evidence always to

be called.
Evidence - witness - conviction based on the evidence of one witness - whether safe
to rely on such evidence without careful scrutiny and examination.
Nsobya Karoli Vs. Uganda 1978 277

Evidence - circumstantial evidence - where prosecution's case depends exclusively
on circumstantial evidence court must find before convicting, that the inculpatory facts
are incompatible with the innocence of the accused and incapable of explanation upon
other reasonable grounds than that of guilt.
Uganda Vs. Kiggundu George William 1978 281

Evidence - child of tender years - evidence of child of tender years requires
corroboration.
Evidence - circumstantial evidence - meaning - of circumstantial evidence - when to be
relied on.
Evidence - confession - retracted confession - before admitting retracted confession

trial must be held to determine whether it was voluntarily made before such confession
is accepted court to satisfy itself that it is true - corroboration in such cases
necessary.
Evidence - witnesses - discrepancies in evidence of prosecution - trivial discrepancies

which don't alter main substance of case can be ignored.
Uganda Vs. Akai s/o Eloloyi & Others 1979 8

Evidence - confessions - co-accused - confession of co-accused cannot be taken
against other unless corroborated especially where it has been retracted.
Kagwa Yokoyada Vs. Mary Kiwanuka & Kiiza Francis 1979 23
Evidence - documentary evidence - evidence of unstamped receipts - admissibility of
evidence of unstamped receipts under the Stamps Act, s.38 - receipts on which
stamp duty is chargeable are inadmissible in evidence unless the relevant stamp duty
is paid and the receipts duly stamped - however, unstamped receipts can be
admissible on subsequent payment of the relevant stamp duty and a penalty therefor.
Evidence - documentary evidence - admissibility of unstamped receipts under the

Stamp Act, - time for deciding on the issue of admissibility - whether or not unstamped
documents are inadmissible is to be determined when the documents are sought to
be put in evidence or at some other time before final judgment - reasons therefor.
Sebugulu Frederick Sekyaya Vs. Katunda Daniel 1979 46

Evidence - Estoppel - s.113 Evidence Act.
Nabulere Abudala, Mubula Kuleseni & Bosa Asani Vs. Uganda 1979 77
Evidence - alibi - onus on accused to adduce evidence sufficient to raise an alibi - it
is not up to court to assume that accused has raised alibi.
Evidence - identification - quality of identification evidence-factors which go to the
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quality - where quality of evidence is poor there is need for other evidence for support
of correct identification.
Evidence - identification - single witness - conviction based on evidence of

identification by single witness - factors to be considered before conviction of accused.
Ssemwogerere James & Ngamize Emmanuel Vs. Uganda 1979 71

Evidence - circumstantial evidence - appellants being in possession of property
recently stolen - duty to explain such possession - in the absence of such explanation
the inferences of guilt arising from the doctrine of recent possession are not displaced.
Evidence - circumstances evidence - doctrine of recent possession of stolen property-

the explanation of the doctrine is an extension of the rules as to circumstantial
evidence - the inculpatory facts must be incompatible with innocence and incapable of
explanation upon any hypothesis than that of guilty.
Kutosi Francis Vs. Uganda 1979 84

Evidence - evaluation of evidence in criminal cases - whether failure to evaluate
evidence in criminal cases - whether failure to evaluate evidence can be fatal - duty to
trial magistrate or judge to assess and evaluate evidence - duty of trial magistrate or
judge to give reasons for preference of and reliance on one witness's evidence only.
Sesawo s/o Karmesi Vs. Uganda 1979 122

Evidence - evidence of wife - admissibility of evidence of wife under s.119 of the
evidence Act - Evidence of wife is admissible even where the accused objects - the
privilege is a personal are which only the witness and not the accused can claim.
Evidence - competent of wife as a prosecution witness - wife competent but not

compellable - practice I the case of married witness - court to inform witness of his
privilege.
Evidence - identification - identification in difficult circumstances - poor moonlight and

failure to produce exhibits - whether fatal to the identification of the accused.
Ssekamwa Godfrey alias Lubega Vs. Uganda 1979 119

Evidence - alibi - accused has no duty to prove his alibi - accused who raises an alibi
stands a risk of being convicted if no evidence from either side which when judicially
considered is capable of raising doubt in prosecution case.
Matovu M., Mulindwa J. & Munyanga J. Vs. Sseviri & Uganda Land commission 1979 174
Evidence - contradictions - appraised of evidence in a civil suit - effect of evidence
having gross and material contradictions.

Evidence - identification - identification where crime committed at rights - contradictory
evidence as to identification of accused-not safe to base conviction on such evidence.
Evidence - witnesses - credibility of witness - contradictions in witness's evidence in

respect of crucial aspects of the case - conviction based on such evidence not safe.
Page 349
Evidence - evidence of previous suit - proof of involvement in motor accident - absence
of police report and witnesses - reliance on earlier suit based on same facts.
Talituka Feibe L. Vs. Abdu Nakendo 1979 275

Evidence - failure to call witness - plaintiff failed to call policemen who had visited the
scene and prepared the sketch plan - whether adverse inference should be drawn the
plaintiff.
Uganda Vs. Oyang Lawrence 1980 4

Evidence - witnesses - co-accused pleading guilty to be called as a witness - before
such witness is called he should first be sentenced - his evidence is accomplice e
evidence - such evidence if uncorroborated the court should warn itself of the danger
of being a conviction on it.

Evidence - burden of proof - allegations made by one party - onus of denying such
allegations is on the other party - where latter party ignores opportunity to deny,
allegations are admissible.
Sinsinuzi Andereya Vs. Gomba Bus Service 1980 49

Evidence-appraisal of evidence - choosing between evidence of witnesses after
assessing the veracity of their stories.
Kyeyune & 5 Others Vs. Buruli Co-operative Union 1980 124

Evidence - adducing evidence in claim based in negligence - accident - plea of
inevitable accident - need for defence to adduce oral and or documentary evidence to
prove accident was inevitable - where plaintiffs averred that accident was due to
negligence and produced evidence accordingly defendant could not rely merely on
submissions without police report or testimonies to prove that accident was inevitable.

Evidence - claim arising from a motor accident - where claimant adduced evidence and
defendant did not challenge such evidence, benefit of doubt was in favour of claimant.
Sebugulu Frederick Sekyala Vs. Katunda K. Daniel 1980 108

Evidence - parol evidence - whether parol evidence can be admitted to vary the plain
meaning of a document.
Nzabona M. Vs. Bigirishaka & Anor 1981 72

Evidence - admissions - effect of a defendant's admission to a claim based on
conviction and sentence in a criminal case from which the civil suit arose - whether
can be taken to be an admission of the extent or size of the compensation.
Uganda Vs. Kassim Obura & Anor 1981 9

Evidence - proof of death - effect of failure to produce post-mortem report.
Uganda Vs. Musoke James Richard Kaweke 1981 12

Evidence - evidence in a charge of aggravated Robbery - evidence of weapon used-
Page 350
deadly nature of the weapon must be established - doubt as to nature of weapon used
must be established - doubt as to nature of weapon used must be resolved in favour of
accused.
Evidence - identification - duty of court to warn itself and the assessors of the special
need for caution before convicting accused in reliance thereon - circumstances which
affect the quality of identification.
Uganda Vs. Kalisa Zaverio 1981 15

Evidence - evidence led by the defence must not be taken into consideration without
reference to or in context of the evidence adduced by the prosecution.
Uganda Vs. Byamukama Peter 1981 16

Evidence - Evidence in a robbery with violence charge c/ss.272 and 273 (2) of the
Penal Code - deadly weapon should be exhibited in court or evidence led to describe
it as carefully and exactly as possible.
Evidence - Evidence of a statement made to a witness by a person who is not himself

called as a witness - whether hearsay - circumstances under which it is regarded as
hearsay.
Walusimbi Samuel Kawesa Vs. Standard Bank Ltd 1981 67

Evidence - expert evidence - questioned documents - procedure to be followed in
submitting a questioned document for examination of an expert.
Uganda Vs. Sabuni Dusaman 1981 1

Evidence - inconsistencies in evidence of prosecution or defence - when it leads to
rejection of the evidence as a whole.
Evidence - unchallenged evidence-neglect to challenge the evidence - in - chief on a

material or essential point in cross - examination would lead to the inference that the
evidence is accepted subject to its being assailed as inherently incredible or palpably
untrue.
Kabanda Steven Vs. B. Serunkuma 1981 65

Evidence - proof of accident in absence of both drivers - whether they can escape
liability.
Uganda Vs. Indibarema Sulaiman & Anor 1981 4

Evidence - expert evidence - firearms charges - expert evidence available in Uganda
though no gazetted ballistics expert - trial court should not inabsence of such evidence.
Evidence - expert evidence - firearms charges - chiefs and district administration's

askaris not sufficiently knowledgeable in such matters to give expert evidence.
Evidence - expert evidence - who may testify - special skill in particular science not
confined to knowledge acquired academically but includes skill acquired by
practical experience.
Uganda Vs. Aisu Francis 1982 7

Evidence - Identification - identification by use of photography - photograph may be
Page 351
shown to complainant for purpose of assisting police to arrest suspect.
Evidence - identification - identification by use of photograph - where person to be

arrested not known by police photograph can be put before prosecutor to identify
person to be arrested.
Evidence - identification - single identifying witness - need for corroboration where

conditions favouring correct identification difficult as witness could be honest and
reliable and yet mistaken.
Evidence - identification parade - correct procedure - wrong for complainant to be

shown only 3 persons - about 8 persons should be lined up - complainant should not
go with photograph to pick up suspect.
Uganda Vs. Abdalla Nasur 1982 1

Evidence - identification - single identifying witness - where conditions favourable for
correct identification and evidence cogent and weighty, corroboration not required.
Evidence - witnesses - assessment of evidence - consistency relevant consideration

where grave inconsistency occurs evidence to be rejected unless satisfactorily
explained - minor inconsistency irrelevant unless points to deliberate untruthfulness.
Akwar Marino Vs. Egwar Richard & Anor 1982 62

Evidence - hearsay evidence - when admissible.
Kityo Yoswa Vs. Kaddu Eriya 1982 58

Evidence - vesting order - applicability - when a vesting order may be made under s.
s.175 R.T.A. (Cap. 205).
Waibi Yeseri Vs. Byandala Edirisa Lusi 1982 28

Evidence - locus in quo - recording of evidence - procedure to be followed by court in
visiting locus in quo.
Uganda Vs. Kasisi Lauben 1982 91

Evidence - accomplice evidence - reliability - accomplice evidence not to be relied on
unless corroborated - witnesses not accomplices where no indication of their
participation in crime.
Uganda Vs. Kabandize Yowana Batisit 1982 93

Evidence - admissions - chief - admissibility where admission made to chief and no
complaint raised that chief forced accused to admit or promised him favour -
admissible as chief not police officer under s.24 of Evidence Act (Amendment) Decree
No.25 of 1971.
DAPCB Vs. Uganda Blanket Manufacturers (1973) Ltd 1982 119

Evidence - affidavits - falsity - not enough to claim without contrary evidence that
affidavit false - evidence disproving alleged facts in the affidavit necessary before it can
be rejected.
Uganda Vs. Ejabu Charles & Another 1982 82

Evidence - identification - single witness - while possible to convict on uncorroborated
Page 352
evidence of single identifying witness, court to be satisfied that possibility of
mistaken identity ruled out.
Evidence - statements - confessions - where statement to police maintains accused's

innocence, statement denial and not confession within meaning of s.24 of Evidence
Act (Cap.43).
Evidence - witnesses - reliability - where probable that witness demanded money to

testify in favour of party and obvious that is in dire material needs, his evidence
unreliable and worthless.
Busuulwa Sebuliba Vs. Co-operative Bank Ltd. 1982 129

Evidence -burden of proof - conversion - burden placed on plaintiff.
Evidence - documents - falsity - documentary evidence to be considered with other

evidence - where document turns out to be false or inconsistent with other parts of
evidence, party tendering not to blame person who prepared document.
Evidence - previous judgment - proof - copy of previous judgment to be produced or

person who was party to case to be called to identify parties.
Evidence - rebuttal - party - party to disprove or rebut only that which has been proved
by the other side.
Uganda Vs. Doka Hussein 1982 89

Evidence - presumption of death - period - Estates of Missing persons (Management)
Decree No.20 of 1973 not meant to replace s.107 of Evidence Act (Cap.43) - purpose
of Decree.
Evidence - proof death - unseen body - circumstances under which death may be
proved without production of body of deceased.
Uganda Vs. Sengendo Alozio & Anor. 1982 74

Evidence - identification - favourable circumstance where an offence is committed at
night in a room brightly lit by 2 hurricane lamps such circumstances favour a correct
identification.
Uganda Vs. Angello Musese & Another 1982 72

Evidence - identification - single witness - where accused and witness know each
other and scene of crime brightly lit such circumstances favour correct identification.
Kizito Wycliff Vs. Libyan Arab Uganda Bank for Foreign Trade & Development 1982 126
Evidence - motor accident - proof - occurrence of accident must be proved.

Evidence - accomplice - evidence of an accomplice - admissibility - confession made
by accused to accomplice - confession inadmissible Evidence Act (Cap.43) s.24(2)
& Evidence (Amendment) Decree 1971, s.24(2).
Evidence - circumstantial evidence - aggravated robbery c/s.272 & 273(2) and murder
c/s 183 Penal Code - motor vehicle stolen from deceased - accused found in
Page 353
possession of stolen vehicle - deceased body found buried in accused's land.
Uganda Vs. Kayemba Francis 1983 25

Evidence - accused - conviction - direct and circumstantial evidence pointing to guilt of
accused to be adduced before conviction - hearsay evidence not to form basis for
conviction.
Evidence - children - admissibility - attempts to made by trial court to elicit from child
whether its evidence can be received under s.99(3) of Magistrates Courts' Act No.13
of 1970.
Evidence - confession - admissibility - where confession allegedly made to police

trial within trial to determine whether or not confession voluntary necessary - where
confession inadmissible cannot corroborate hearsay evidence.
Uganda Vs. Kakooza John & Fred kayizi 1983 19

Evidence - circumstantial evidence - burden of proof - inculpatory facts must be
incompatible with innocence of accused and incapable of explanation upon any other
reasonable hypothesis than that of guilt.
Evidence - circumstantial evidence - conviction - circumstances to be taken into
account before conviction based on circumstantial evidence is entered.
Kizza Francis Vs. Uganda 1983 12

Evidence - identification - favourable circumstances - where accused know to
complainant for long time and offence committed in bright moonlight in open space,
circumstances favour correct identification.
Evidence - expert evidence - medical evidence - where doctor who carried out
examination not available, another doctor can be called to testify - alternatively
medical report of missing doctor can be tendered in evidence under s.30(b) of
Evidence Act (Cap.43).
Musoke James Richard Kaweke Vs. Uganda 1983 1

Evidence - identification - conviction - where evidence alleged to implicate accused
person is entirely of identification such evidence to be absolutely water - tight to
justify conviction.
Evidence - police reports - relevancy - where immediate report made to police by
some one subsequently called as witness evidence of details of report to be given at
trial - such evidence may corroborate evidence of witness or show that his
identification of person or article is erroneous.

Evidence - inconsistence - inconsistence between written statement of defence and
evidence adduced in court - evidence of single witness - irregularity may be dealt with
one of issues framed - Civil Procedure Rules O.6 r.6.-
Uganda Vs. Kakooza Firimingio 1984 1

Evidence - burden of proof - alibi - accused who puts forward defence of alibi does not
assume burden of proving it - burden of proving guilt of accused remains on
prosecution.
Page 354
Evidence - identification - favourable circumstances - where offence committed at night
in room with lit "tadoba' of mock lamp and witness had previously seen accused
and incident took long time - such circumstances favour correct identification.
Evidence - identification - single witness - evidence of identification by single witness -

factors to be considered before making conviction based on such evidence - legal
requirement for corroboration.
Kigundu Vs. Matovu Byekwaso 1984 51

Evidence - burden of proof - land title - burden of proof to establish better title lies on
plaintiff.
Uganda Vs. Jofrey Asiimwe & Anor 1984 9

Evidence - murder recent possession - where accused found in possession of
property proved to have been very recently stolen from deceased and all circumstances
point to no other reasonable conclusion accused guilty of murder.
Rwakasisi Chris Vs. Attorney General 1985 113

Evidence - evidence on oath - personal knowledge - where deponent has personal
knowledge of facts evidence not hearsay under s.1 (2) of Public Order and Security
Act No. 20 of 1967.
Uganda Vs. Bernard Berebera & 2 Others 1985 15

Evidence - identification - robbery - robber unlikely to expose himself to people who he
knows know him well in a well planned robbery.
Uganda Vs. Manoko Nasani & Others 1985 16

Evidence - expert evidence - dental assistant - dental assistant specifically trained in
dental care competent to classify injury in case of causing grievous harm involving
loss of 8 teeth.

Evidence - identification - single witness - no particular number of witnesses required
to prove fact sought to be proved - as long as conditions favour correct identification,
court warns itself on special need for caution and such evidence corroborated court
can convict on such evidence.
Uganda Vs. Musana Augustine & 2 Others 1985 20

Evidence - murder - alibi - where evidence cogent and water tight alibi not to stand and
to be rejected.
Evidence - police statements - contradiction with evidence in court - statements

inadmissible as not given on oath and not evidence unless police officer who took
down statements of witnesses called to identify them.
Associated Architects Vs. Christine Nazziwa 1985 25

Evidence - statement of relevant fact - person who cannot be found - where such
statement tendered should not be tendered without inquiry as required by s.30(b) of
Evidence Act (Cap/43) - wrong for court to receive statement where no material upon
which court to exercise discretion to receive report.
Page 355
Evidence - aggravated robbery - common intention - where no evidence of participation
or witnessing of or consent to crime common intention not established.

Evidence - antecedents of accused - proof - in absence of evidence from prosecution
to contrary accused to be treated as first offender.
Namisango Alice Janet Vs. Galiwango Chrisestom 1986 37

Evidence - appeals - fresh evidence - fresh evidence not to be produced except in
exceptional circumstances justifying court to receive such evidence.
Management Training & Advisory Centre Vs. Patrick Kakuku Ikanza 1986 43
Evidence - balance of probabilities - plaintiff's case - evidence to prove case on balance
of probabilities must be inferred not from pure conjecture which has no legal value,
but from reasonable inference.
Kayemba Charles Vs. Uganda 1986 9

Evidence - circumstantial evidence - conviction - where circumstantial evidence
inconsistent with innocence of accused and cannot be explained on any other
reasonable hypothesis than that of his guilt accused to be convicted.
Evidence - murder - cause of death - prosecution to lead medical evidence as to cause

of death of deceased person whenever possible in cases where natural causes cannot
be or unnatural causes of death.
Evidence - murder - intoxication - onus on prosecution to prove that accused person

not so drunk as to be incapable of forming intent to kill.
Birikadde Muhamad Senyomo Vs. Uganda 1986 6

Evidence - common intention - proof - not necessary to prove prior agreement between
assailants - sufficient if intention can be inferred from their actions.
Evidence - mistaken identity - proof - evidence - onus remains on prosecution except

for a few exceptions.
Uganda Vs. Opio Richard 1986 19
Evidence - medical evidence - sexual offences - medical evidence in sexual offences
crucial.
Evidence - motive - proof of crime - prosecution need not prove motive on part of
accused fro committing crime.
Uganda Vs. Lwakundu Babi 1986 29

Evidence - previous conviction - proof - not enough for prosecutor to make statement
that accused previously convicted of similar offence - previous conviction to be proved
in accordance with s.91 of M.C.A. - where not so proved accused to be treated as
first offender.
Afro Ugandan Brothers Ltd Vs. Mpologoma Brothers General Agency Ltd 1987 93
Evidence - affidavit - validity where affidavit of information unnecessary for deponent to
Page 356
state sources of information and belief and affidavit regular.

Evidence - circumstantial evidence - evidence of previous conduct - such evidence
constitute a species of circumstantial evidence.
Barugahare Anthony Vs. Ntaratambi Marita & Alo Babinaga 1987 95

Evidence - contradictions - judgment n such testimony - court to give cogent reasons
where decides to believe witnesses testimony full of contradictions.
Evidence - oral evidence - varying of written terms - oral evidence not to be accepted
where parties willingly enter into contract.
Namwandu Norah Nakiridde Vs. Hotel International Ltd 1987 85

Evidence - witnesses - counsel - swearing affidavit in support of action by counsel does
not necessarily make him witness.
Kalyowa Moses & 3 Others Vs. Uganda 1988-90 11

Evidence - accomplice evidence - conviction - such evidence to land assurance to
other evidence and to go beyond more suspicion otherwise conviction based thereon
unsafe.
Uganda Vs. Kamugisha David & Another 1988-90 77

Evidence - admissibility - relevancy - evidence to be relevant to issue except where
meant to impeach witness where meant to impeach witness - through letter alleged
to be written by him to show that letter written by witness or at his request otherwise
letter inadmissible.
Uganda Vs. Marikosojo 1988-90 53

Evidence - admissions - admissions to arresting officers - an admission made after
arrest is not taken as evidence.
Lucas Marisa Vs. Uganda Breweries Ltd 1988-90 131

Evidence - affidavits - statements in affidavits - statements in affidavit not be taken as
gospel truth - inherent and intrinsic probability or improbability to be looked into under
totality of circumstances before accepting them as prima facie evidence of certain
facts.
Uganda Vs. Phostin Kyobwengye 1988-90 49

Evidence - alibi - disproof by prosecution - prosecution to disprove alibi put up by the
defence.
Evidence - identification 0 favourable - conditions - prior knowledge of the accused

person length of time the arrest took place and distance from point of observation form
favourable condition for identification.
Rwamwaro Vincent Vs. Uganda 1988-90 70

Evidence - alibi - burden of proof - burden cast on the prosecution to prove alibi.
Evidence - inconsistences-delibarate untruthfulness - minor contradiction not to affect

validity of evidence where they point to delibarate falsehood doubt to be resolved in
Page 357
favour of accused.
Kyagulanyi Abudu Vs. Uganda 1988-90 16

Evidence - circumstantial evidence - co-existing circumstances - where exist weaken
or destroy inference of accused's guilty.
Uganda Vs. George Kasya 1988-90 48

Evidence - circumstantial evidence - inculpatory facts to be incompartible with
innocence of accused where other circumstances co-exist which weaken or destroy
that inference than accused to be acquitted.
Uganda Vs. Baguma Richard 1988-90 74

Evidence - circumstantial evidence - must be incompatible with innocence of accused.
Evidence - identification - condition in which identification is made to be considered

considered and to corroborated by other evidence.
Uganda Vs. Ndamagye Sulaiman 1988-90 66

Evidence - inconsistency - minor discrepancies - minor discrepancies of effect unless
they point to untruthfulness.
Evidence - circumstantial evidence - reliability - circumstantial evidence must be

incompatible with innocence on part of accused if its to be relied on.
Uganda Vs. Yusufu Sebuguzi & Others 1988-90 18

Evidence - confession - a co-accused - confession of co-accused against fellow
accused to be taken into consideration against fellow accused person but not form
basis of case against such fellow accused.
Evidence - confession - co-accused - confession of co-accused against fellow accused

needs supporting evidence - supporting evidence should be independent reliable and
credible.
Evidence - confession - value against maker - should be taken as a whole - need not
be believed or disbelieved as a whole.
Uganda Vs. Twikireze Milton 1988-90 37

Evidence - contradictions - minor contradiction - where contradiction minor and does
not point to deliberate untruthfulness to be ignored.

Evidence - discrepancies and inconsistance - root of case - where go to root of
cases ignored.
Evidence - exhibit - failure to produce - where exhibit stick mere failure to produce it
not detrimental to prosecution case where careful and as much as possible exact
description of it made by witnesses who saw it.
Evidence - expert evidence - failure to call - where there is other evidence from witness
accepted as truthful not fatal to prosecution case.
Page 358
Uganda Vs. Anzima Matayo 1988-90 55
Evidence - dying declaration - admissibility - for a dying declaration to be admitted it
must be clear on the identity of the assailant.
Barungi Ignatius Vs. Uganda 1988-90 68

Evidence - evaluation - case for prosecution and defence should be looked at
together.
Evidence - evaluation - court legally bound to evaluate whole evidence for state and
defence together incorrect to look at case for state separate from defence case.
Semogerere B. Vs. Uganda 1988-90 26

Evidence - grave illness - sworn affidavit by doctor who examined accused - sworn
affidavit acceptable in absence of certificate issued by Medical Board u/s.14A (1) 2 of
the Trial on Indictment Decree.
Uganda Vs. Deogratius Rwaheru & Another 1988-90 27

Evidence - previous conviction - proof - mere statement by prosecutor that accused
habitual criminal and that had just been released from prison not proof of previous
conviction.
Evidence - previous conviction - proof - proper proof is by proof of record of conviction.
Uganda Vs. Ngirabakunzi, Tugumisirize & Turyahabwa 1988-90 40

Evidence - grave inconsistencies - outcome on case - unless satisfactorily explained
evidence not to be relied on.
Munnu Richard Vs. Uganda 1988-90 1

Evidence - identification - single identifying witness - courts must warn themselves of
the danger of convicting or uncorroborated evidence of a single identification witness.
Kasana Moses Vs. Uganda 1988-90 3

Evidence - identification - single identifying witness - court to worn itself of the danger
of convicting on uncorroborated evidence of a single identifying witness.
Evidence - identification parades - accused known before - evidence of identification -

parade is irrelevant where the witness knew the accused before.
Uganda Vs. Koloneri Mumbere 1988-90 43

Evidence - identification - court to warn itself of the danger of relying on the evidence
of a single identifying witness - where circumstances favour correct identification and
accused found with some of the stolen property conviction safe.
Bagalaliwo Mohammed Haji Vs. Attorney General 1988-90 136

Evidence - judicial notice - notorious fact - court may refuse to take judicial notice of
certain matter until such person produces document or back necessary to enable
him to so.
Struggle (U) Ltd Vs. Pan African Insurance Company Ltd 1988-90 88
Evidence 0 matter not raised by pleadings - raising a trial - matter not pleaded not to
Page 359
be raised at trial and no evidence to be led in respect of it.
Kanama Vs. Uganda 1988-90 42

Evidence - prima facie case - unreliable evidence - prima facie case not made out
where prosecution evidence unreliable.
Construction Engineers & Builders Ltd Vs. African Textile Mills Ltd & A.G 1991 79
Evidence - affidavit - affidavits must disclose matters based on deponents' own
knowledge or sources of information.
Evidence - affidavit - courts not to grant relief on materially effective affidavit.
Makuru Modesta Vs. Uganda 1991 20

Evidence - alibi - proof - accused person not under duty to prove alibi.
Evidence - identification - conditions - court can only rely on evidence of identification

where conditions were favaourable.
Evidence - inconsistencies - grave inconsistencies - unless satisfactorily explained

point to deliberate untruthfulness.
Uganda Vs. Kamugisha Evaaristo 1991 24

Evidence - alibi - accused person not under duty to prove alibi.
Evidence - circumstantial evidence - conviction - possible where incriminating facts

point to no other rational conclusion.

Evidence - death - presumption.
Evidence - dying declaration - meaning.
Evidence - fatal injuries - proof.
Uganda Vs. Sarapio Tinkamalirwe & Others 1991 32

Evidence - alibi - prosecution has duty to disprove alibi.
Uganda Vs. Simon Onen 1991 7

Evidence - conduct after commission of offence - the conduct of a suspect after
commission of the offence can infer guilt.
Uganda Vs. George Mugisha 1991 10

Evidence - circumstantial evidence - conviction - to secure a conviction on such
evidence all factors to point at guilty of accused.
Evidence - deadly weapon - gun - gun capable of discharging ammunition is "deadly

weapon".
Uganda Vs. Alfred Oyaka 1991 11

Evidence - dying declaration - evidence of dying declaration to be corroborated to be
relied on for a conviction.
Page 360
Uganda Vs. Dodoviko Kaija 1991 34
Evidence - alibi - contradictions in prosecution evidence - major contradictions in
evidence strengthen the defence of alibi.
Uganda Vs. Edirisa Ssali & 3 Others 1991 40

Evidence - inconsistency - grave inconsistencies and contradictions in evidence
render it useless if they point at untruthfulness.
Evidence - police statement - police statements can be tendered in evidence to prove

contradictions.
Uganda Vs. Kiiza & Another 1991 37

Evidence - malice aforethought - failure to prove malice aforethought in murder cases
disclose the charge of murder.
Oporocha Stephen Vs. Uganda 1991 8

Evidence - witnesses - motive to tell lies - such evidence to be treated with caution a
and should not be believed unless corroborated.
Kayondo Henry Vs. Uganda 1992-93 41

Evidence - absolute privilege - professional communications - communication made in
furtherance of an illegal purpose not protected.
Kasule Vs. Uganda 1992-93 38

Evidence - arresting officer arrest and detention of accused - evidence on circumstances
surrounding arrest to be put before court.
Evidence - hearsay - admissibility - hearsay evidence inadmissible.
Uganda Vs. Dic Ojok 1992-93 54

Evidence - burden of proof - standard of proof - always lies on the prosecution except
in a few statutory cases - standard of proof - beyond reasonable doubt.
Uganda Vs. Mawa Stephen alias Matua 1992-93 65

Evidence - circumstantial evidence - doctrine of recent possession - nothing but an
extension of circumstantial evidence and therefore to base conviction, thereon must
pass test of circumstantial evidence.
Nsubuga Emmanuel Vs. Uganda 1992-93 24

Evidence - circumstantial evidence - parameters - evaluation of circumstantial evidence
Evidence - confession - proof - necessity to prove voluntariness of confession.
Evidence - evaluation - discrepancies and inconsistences - distinction between minor

and minor discrepancies or inconsistences.
Evidence - identification - need for correct identification - principles to be applied -

necessity to test the evidence of single or more identifying witnesses - corroboration
by some other evidence.
Page 361
Evidence - identification - parade - mode of identification - necessity for identification
parade - failure to hold identification parade.
Uganda Vs. Ochieng John 1992-93 80

Evidence - death - proof - whether only medical report can prove death.
Evidence - dying declaration - corroboration - dying declaration to be corroborated if

conviction is to be based on it.
Evidence - witnesses - unsworn evidence - whether in order.

Evidence - defences - alibi - rebutted by credible testimonies.
Rujumba Joseph Vs. Uganda 1992-93 36

Evidence - expert witness - weapon used - weapon to be observed by Doctor who
performed post mortem examination or be described to him.
Uganda Vs. Tembo Mohamed & 2 Others 1992-93 78

Evidence - identification - big violent crowd - circumstances unfavorable for correct
identification.
Uganda Vs. Bosco Okello alias Anyanya 1992-93 68

Evidence - identification - conditions - conditions to be suitable for identification.
Uganda Vs. Kadidi Richard alias Kabagambe 1992-93 59

Evidence - identification - difficult conditions - correct identification of the accused in
difficult conditions depends of length of time accused was under observation, distance
etc.
Evidence - murder - proof of death - proof possible without post mortem report.
Javuru Zenon Vs. Uganda 1992-93 7

Evidence - identification - factors to consider.
Rwakana John Vs. Uganda 1992-93 9

Evidence - identification - postmortem report - procedure where doctor is absent.

Evidence - traffic accident - police report - report prepared soon after accident
important independent and expert evidence of how accident happened.
Abdul Ssalongo Vs. Kasese Town Council & M/S Kabaco Uganda Ltd 1992-93 163
Evidence - proof - service of written statement defence - affidavit of service necessary.
Uganda Vs. Opiko-Olwit & Godfrey Oceny 1992-93 67

Evidence - testimony - complainant - failure of complainant to give evidence makes it
difficult to establish a prima facie case - effect of non establishment of a prima facie
case.
Piri Yofesi Vs. Uganda 1992-93 33
Page 362
Evidence - witness - relationship with deceased - evidence cannot be disregarded
simply on account of relationship with victim in case.
Evidence - witness - report to authorities - witness's first report to authorities to be put

in evidence together with that of person who made report and one who received it.
Abdalla Nasur Vs. Uganda 1992-93 4

Evidence - witnesses - credibility of witnesses - effect of material and major
discrepancies - in the testimonies.
Uganda Vs. Semanda Patrick 1994-95 24

Evidence - incosistences - where minor and do not go to root of case, does not point
to deliberate untruthfulness.
Evidence - defence - alibi - prosecution must destroy alibi in order to prove its case.
Akol Patrick Vs. Uganda 1994-95 1

Evidence - evidence of a single witness - need of corroboration - where unsworn
evidence of a child can corroborate sworn evidence of a single witness.
Uganda Vs. Kiiza John 1994-95 19

Evidence - confession - court to exercise great care when accepting one part of a
confession while rejecting the other part as untrue - whether a repudiated statement
which was given freely and voluntarily requires corroboration.
Uganda Vs. Mwebe Ganafa, Kasule Emmanuel, & Ganafa Veronica 1994-95 14
Evidence - Identification - need for correct identification - principles to be applied -
knowledge of accused - length of time - necessity to test evidence of a single witness.
Evidence - identification - post mortem report - whether prosecution case established

where doctor uncertain as to cause of death.

Evidence - confession - admissibility - confession to a police officer below the rank of
a sub-inspector inadmissible.

Evidence - defence - alibi.
Uganda Electricity Board Vs. G.W. Musoke 1997 23

Evidence - custom - whether custom that children look after parents in old age proved-
whether court entitled to take judicial notice of an unproved custom or fact.
In the matter of Muhwezi Katugugu & Constitutional Case No.6 of 1998. 1997 46
Evidence - under the Evidence Act section 75 - public documents accompanying
petitions must be certified by the officer in - charge of their custody on payment of
appropriate fees.
Mushikom Watete Alias Peter Wakhoka & 3 Others Vs. Uganda. 1998-200 7
Evidence - alibi-burden of proof - no onus on accused to prove alibi - onus on
prosecution to negative alibi.
Page 363
Evidence - witnesses - "witness with a purpose of his own to serve" - whether evidence
of such witness requires corroboration - whether evidence of such witness needs to
be treated in a special way.
Evidence - witnesses - "witness with a purpose of own to serve" - what amounts to a

witness with a purpose of his own to serve.
Evidence - accomplice evidence - unsafe to rely on uncorroborated evidence of an

accomplice - court must warn itself of the danger of relying on uncorroborated
evidence of accomplice but if thereafter is satisfied that evidence reliable court may
rely on such evidence.
Evidence accomplice evidence - failure by court to warn itself of danger of relying on

uncorroborated evidence will lead to conviction being quashed by appellate court.
Evidence - evaluation of evidence - factors to be considered by a court in evaluating 1998-200 8

and assessing credibility of evidence.
Evidence - statements to police - accused's statement to police does not

automatically become the accused answer to the charge at his trial.
EXECUTION OF JUDGMENT
Kivumbi Bazirio Vs. Iburahim Ismail 1972 227
Execution of judgment-elapse of more than 12 years from decree-s.36(1) Civil
Procedure Act-whether fresh application or continuation of previous application
where different mode of execution sought.

Application for order that decree be executed before taxation of costs-s.98 of the
Tara Singh Nandra Vs. Chane & Co. 1972 4

Execution of judgment - execution after 12 years -Civil Procedure Act s.36(1)-
whether fresh application where new mode of execution sought.
EXPROPRIATED PROPERTIES
Kariisa Yahaya Vs. The Attorney General 1997 29
Expropriated Properties - Appeal against decision of the Minister - meaning of
"aggrieved party" under the Act.
EXTRA JUDICIAL
Kayira Lawrence Vs. Uganda 1970 128
Extra-judicial statement by one accused taken into consideration against co-
accused-improper unless a confession - recent possession-motor vehicle stolen
7 weeks previously.
EQUITY
Page 364
In Re: Milton Obote Foundation & in Re: an application by N.A. Abanya to
Rectify the Companies Register. 1997 79
Equity - doctrine of laches - rationale and meaning - when applicable.
FALSE IMPRISONMENT
Mukiibei Yosefu Vs. Akaya Kizito 1972 177
False imprisonment-whether appeal from order or Decree-s.232(1)(a) or the
Magistrates' Courts Act, 1970 - Definitionof "decree" in s.2 of the Civil Procedure
Act-O.18 r.6 of the Civil Procedure Rules.
Ludoviko Ulangi Vs. Dandi Ozele & 2 others. 1972 62

False arrest and imprisonment - remand by court-assessment of general
damages.

Action against Attorney General for false imprisonment and wrongful arrest-Civil
Procedure and Limitation (Miscellaneaous Provisions) Act, 1969-whether action
statute barred-whether false imprisonment was a continuing offence-whether
imprisoned party was "under a disability".
Kyobe Edward & 1 others Vs. The Attorney General 1972 117
False imprisonment - Emergency (Power of Arrest and Search Regulation, S.I.
236/69-whether "reasonable grounds for suspeicion" to be construed subjectively
or objectively - effect of Decree 7 of 1971.
Muwonge George W & Edirisa bakambaga Vs. The Attorney General 1972 127
Unlawful arrest and false imprisonment-assessment of general damages-whether
exemplary damages should be granted.
Wakibya Difasi Vs. Attorney General 1972 153

Wrongful arrest and false imprisonment-action against the Government-s.2 (1)
Civil Procedure and Limitation (Miscellanous Provisions) Act 1969-whether action
time-barred-whether false imprisonment was a continuing injury.
Buhunyezi Vs. Ankole District Administrations 1972 186

False arrest and imprisonment - exemplary damages.

Wrongful arrest, false imprisonment and maliceous prosecution - effect of Civil
Procedure and Limitation (Miscellaneous Provisions) Act S.2 - lack of reasonable
and probable cause - onus of proving such on defendants - malice-onus of
proving such on plaintiffs - whether could be inferred.

False arrest and imprisonment-assault and battery-liability for Government-
vicarious liability for member of Police Force-effect of emergency (Detention)
Regulation 1969 & Emergency (Powers of Arrest & Search) Regulations 1969,
r.1 & r.5(b)-Powers of arrest under s.30(1) of the Criminal Procedure Code-
proceedings against the Government (Prohibition) Decree 19/72-meaning of 'or
Page 365
any other cause whatsoever-award of exemplary damages-assessment of
general damags.
Kayonjo George & 4 others Vs. Mubende District Administration & anor 1973 145
False imprisonment-legal notice 1/71-The Proceedings Against the Government
(Protection) Decree 8/1972-whether government immunised by the legislation.
Bakulyowa Vs. Attorney General 1973 170

False arrest & imprisonment for 24 hours-assessment of damages-exemplary
damages-whether such needed to be pleaded..


Nanteza Perusi Vs. Sugar Corporation of Uganda & Another 1997 66

Torts - false imprisonment - the basis of the action is the act of imprisonment itself.
FALSE PRETENCE
Erunayo Dumba Vs. Uganda. 1970 184
Obtaining land registration by false pretences-connivance-willful prosecution of
certificate of title.
Ali Masembe & B. Kavuma Vs. Uganda 1972 44

Obtaining money by false pretences c/s. 289 of the Penal Code - no reason given
for rejecting the evidence of appellants - M.C.A. s.134-whether interested party
should be treated as a witness to be relied upon.
Bahizi Pigi & Another Vs. Uganda 1975 396
FAMILY LAW
Complaint by a mother of a child-against a boy friend alleged to be the father of the
child -complaint purported to be made under section 85(3) of the Criminal
Procedure code-section repealed by Decree No.26 of 1971 -applicant prosecuted
for failing to maintain a child purported to be his- magistrate made interim order
against him-order made without evidence of applicant means of income-whether
procedure and order proper-whether proceedings should not have been under the
Kalisa Catherine Jema Vs. John W. Kalisa 1974 108
Page 366
Custody of children-removal of a child in whose respect custody has been made
out of the jurisdiction of the court-importance of the welfare of the child in of
custody -section 30 of the Divorce Act.
Uganda Vs. Kuranimo Oliya & another 1974 87

Criminal Law-Adultery c/ss 150A(1) and (2) of the Penal Code - offence only
committed with a married woman. Customary Law Marriage -validity of a
customary marriage-payment of bride price not completed -whether adultery
could be committed.
Moonlight Sengooba Salongo Vs. Administrator General 1974 62

Married Women Property Act, 1882 of the United Kingdom-husband of a customary
marriage effecting insurance policy-nominates wife as sole beneficiary-whether
policy money part of husband's estate or absolute vested interest of wife-whether
section 11 of the Act repugnant to local customs-whether applicable in Uganda.
Mugonya Y. Vs. Trophy Nakabi Mugonya 1975 297

Family Law-Divorce - condonation - evidence - forgiveness and reinstatement-
revival of condoned offence-further commission of matrimonial offence revives
condoned offence-cruelty revives condoned adultery.
Family Law - Divorce-Test-actual or probable injury to life or health.
Uganda Vs. John Eduku (P.C. No. 2142) 1975 372

Family law - customary marriage - bride price - no valid marriage unless dowry fully
paid.
Family law marriages-types of marriages - polygamous and potentially polygamous

Muslim and Hindu marriages recognised in Uganda.
Marian Hassan Vs. Islam Mohamed 1977 43

Family law-custody of children - interim order granted probationary custody of children
applicant not served with a hearing notice-what is considered in granting custody.
Ruhara Mary (Mrs) Vs. Ruhara Christopher 1977 86

Family Law-divorce -adultery and cruelty as grounds for divorce c/s. 5 (2) of Divorce
Act-burden and standard of proof of adultery - standard of proof in cruelty - legal
definition of cruelty.
Family Law-Judicial separation - cruelty as a ground for judicial separation c/s.15

of the Divorce Act-permanent alimony under s.25 of the Divorce Act.
Family Law - costs-costs in divorce proceedings -assessment of costs-discretion of

assessing costs to be exercised fairly and judicially.
Uganda Vs. Jenina Kyanda 1977 111

Family Law - unity of spouses - wife unlawfully retaking possession of property
belonging to husband - whether spouse is capable of committing offence in respect
of such property under s.101(1) (h) of the Penal Code Act- spouses can hold
separate property and institute proceedings against each other in respect of such
property.
Page 367
Gakwavu Berchamans Vs. Gasengayire Mariana 1977 322
Family Law -Customary Marriages - marriage contracted during subsistence of
monogamous marriage - whether valid - Customary Marriage (Registration) Decree,
1973, validated customary marriages contracted before coming into force of Decree.
Family Law - judicial separation - petition alleging adultery and cruelty - defences of
connivance and condonation to adultery apply to judicial separation as to divorce-
Divorce Act, s.7 - cruelty - standard of proof-to constitute cruelty conduct must be
such as to cause danger to life, limb or health or reasonable apprehension of such
danger - single act of cruelty.
Family Law judicial separation - damages - no provision in Divorce Act for wife to
recover damages from co-respondent.
Family Law - judicial separation - evidence - petitioner unable to give evidence due to
illness - evidence given solely by petioner's children - petitioner must give evidence
in person or swear affidavit - court can take evidence at locus in quo if petitioner
unable to attend court.
Family Law - judicial separation - matrimonial property - order dividing property

between petitioner and respondent - no provision in Divorce Act for such division -wife
may be granted alimony under ss.24 and 25 of Act.
Kamya Sarah by Y.L. Kamya Vs. Kasule David 1978 91

Family Law - promise of marriage - breach of promise of marriage - defendant writing
to plaintiff letters suggesting future marriage - promises of marriage by defendant
unevent of plaintiff conceiving - parties leading life of debauchery - plaintiff conceived
and defendant refused marriage - whether any breach of promise of marriage.
Nakiyingi Edita Vs. Merekicadeki 1978 107

Family Law - matrimonial home-wife contributed to building and maintenance of
matrimonial home for 12 years - whether husband could evict her from the house after
he himself terminated the marriage - whether doctrine of equitable estopped
applicable in the circumstances.
Family Law - common law duty of husband to wife - husband to wife - husband under
duty to provide home to wife - husband only to evict her from the house after providing
reasonable alternative accommodation.
Rwabaganda Frarasia - Widow Vs. Donato Bahemurwabusha 1978 244

Family Law - customary marriages - Customary Marriage (Registration) Decree, 1973,
s.11 (1) - effect thereof on customary marriages which would otherwise be invalid
under s.37of Marriage Act - such customary marriage if contracted before 1973 is
valid.
Kayongo Teopista Vs. Sekiziyivu Richard 1978 240

Family Law - affiliation - application for the appointment of a custodian under
Affiliation Act, s.8(2) - there must first be a formal application in that behalf under
s.8 (1) of the Act - such application to be made by a mother having custody.
Family Law - affiliation - Affiliation Act, s.5 - maintenance there under by putative father-
Page 368
magistrate given discretion to make or refuse to make an order for maintenance on
putative father.
Family Law - custody - custody of children of tender years - such children should
normally stay with the mother unless she is not a fit and proper person.
Family Law - Custody -access to the children where custody taken away from the
mother - the mother should be free to visit her children as often as she pleases.
Massa Samwiri Vs. Achen Rose 1978 297

Family Law - affiliation - dispute between putative father and mother over custody of
child, right as to custody.
Family Law - affiliation - custody - factors to be considered in granting custody of

infant.
Nakaggwa Pulkeria Vs. Kiggundu Dominiko 1978 310

Family Law - custody of children - access to children - it is well established that a
parent has a right of access to his child - such right should not interfere with the well
being of the child.
Family Law - custody of children of under years - general for children of tender years
to remain with the mother though the father's right to the custody and guardianship of
his children should be taken into consideration.
Family Law - custody of children - considerations before granting custody - welfare of

child is of paramount importance - factors to be considered in determining what the
welfare of the child requires - meaning of "welfare" in relation to custody of children.
Musoke Godfrey Vs. Nampiima Justine 1979 50

Family Law - Affiliation - Affiliation Act - whether Affiliation Act applies only where
paternity is denied.
Nyakairu George Vs. Nyakairu Rose 1979 261

Family Law - divorce - Divorce Act, s.l30 - whether the section was enacted for young
spouses - in deciding to exercise its discretion to grant custody of children, the court
may after divorce.
Family Law - children - custody - law applicable in custody cases - factors to be

considered - paramount consideration is the welfare of the children - other ancillary
factors to be taken into account - father's superior financial position - responsibility
for the break up of the marriage - father's common law right to custody of his children
this right to be displaced by proof of special circumstances more than the mother's
natural desire to be with her children.
In matter of s.33 of the Judicature Act 1967 And In the matter of an Application
for Habeas Corpus ad Subjiciendum And in the matter of Martin Ziwa - Restrained. 1980 20
Family Law - custody of child or young person in need of care and protection - issue
of order for care and protection - Approved Schools Act Cap. 110 s.19 (1) - how does
the matter come before court-s.19(2) ibid - welfare officer putting child or young person
under temporary custody to bring it before court within 48 hours - stage preliminary to
Page 369
apply for an order - burden of proving child or young person was not so brought on him
who alleges that fact - on the absence of proof court to assure compliance with the
Act's provisions.
Family Law - custody - custody of child or young person in need of care and protection
uissue of order under Approved Schools Act Cap.110 must be proceeded by giving
opportunity to parent or guardians to attend court and be heard.

Family Law - invalid marriage - Marriage Act, s.35 - circumstances under which a
marriage may be declared invalid by court.
Family Law - succession - whether a court could interfere with the discretion to the
Administrator General as an Administrator.
Habyarimana Veronica Vs. Habyarimana Perfect 1980 139

Family Law - divorce - adultery - adultery as a ground of divorce - burden and standard
of proof of adultery in divorce proceedings - definition of adultery.
Family Law divorce - cruelty as a ground of divorce - definition of cruelty - what

conduct amounts to cruelty - such conduct must be serious beyond the normal wear
and tear of married life.
Family Law - custody - custody of children of tender years - welfare of the children
is paramount - welfare of children vis-à-vis a parent's right of access to his child.
Mwanje Charles Sinabulya Vs. Harriet Sinabulya Mwanje 1982 136

Family Law - divorce - adultery - where wife deserts husband and does not receive
support from him cannot be regarded as licence to wife to commit adultery nor can it
be regarded as inducement within meaning of s.9 of Divorce Act (Cap.215).
Male Christine & Another Vs. Sylifiya Mary Namanda & Anor. 1982 140
Family Law - succession - letters of administration - entitlement to grant - where
deceased leaves legal wife, concubines and young children with different mothers,
only person entitled to apply for letters of administration is wife under s.201 of
Succession Act (Cap.139) as amended by s.1 (p) of the Succession (Amendment)
Family Law - succession - share in estate - entitlement - deceased husband merely

having children with a woman not his wife does not entitle her to have share in estate.
Atto Ernest Vs. Tom Alwala 1986 65

Family Law - Affiliation proceedings - nature of proceedings affiliation proceedings civil
proceedings.
In the matter of Sarah Mirembe (an infant) And In the matter of an application
for guardianship by Dr. Magda Mcgregor 1992-93 187
Family Law - Guardianship - considerations - welfare of child paramount.
In the matter of Namukasa (an infant) And In the matter of an Application by

Mr & Mrs. Stefano & Silvia Lamon to be appointed Legal Guardians 1992-93 200
Page 370
Family Law - legal guardianship - considerations - welfare of the child paramount -
applications - foreigners - need for court to satisfy itself that it is for the benefit of an
infant.
Family Law - legal guardianship - nature of orders granted by court - progress reports
to be made periodically to relevant authorities.
In the matter of the judicature Statute No.16 of 1997 And in the matter of an
application by Peninah Kobuhene seeking an order appointing her to
Guardianship of Kangume Perez. 1996 69
Family Law - guardianship - considerations - welfare of child paramount.
Family Law - guardianship - order - whether applicant qualifies.
In the matter of section 16 of the Judicature Statute 1996 And

In the matter of an application for guardianship by Immaculate Ndagire of
Prosy Nalugwa (an Infant) 1997 82
FamilyLaw - guardianship - relevant considerations for making appoint guardian for
infants.
FORGERY
Baigumamu David Vs. Uganda 1972 198
Uttering false documents
Forgery -false document-the falsity must be of the purport of the document not
its contents i.e the document must tell a lie about itself. Forgery-intent to
defraud or deceive-a sum of shs.30/= paid by P.W.2 for a copy of judgment
proceedings -receipt in that sum issued by the appellant-duplicate copy of the
receipt showing the sum of shs.15/=-whether P.W.2 defrauded or deceived-s.322
of the Penal Code. Theft- a sum of shs.15/=-the diffeerence between the
FRAUD
Mbarara Coffee Curing Works Ltd Vs. Grindlays Bank (U) Limited 1975 56
Civil Procedure-limitation period in civil cases under s.4 of the limitation Act
Cap.70 -O.7 rr.6 and 119d) of the Civil Procedure Rules -negligence -action for
negligently transferring account of the plaintiff company to other company or person-
in course of proceedings plaintiff alleging fraud on part of the defendant company-
leading -whether plaintiff could rely on fraud if it was not made part of the pleadings
when does a cause of action accrue-plaintiff losing on preliminary issue-whether
entitled to recover costs on the suit as a whole.
FUNCTUS OFFICIO
Uganda Vs. Joseph Lubega 1970 1
Age of accused-effect on sentence-Reformatory schools Act s.7-attitude of
magistrate to suggestion that the court might have been mistaken-functus
officio-ss.300A and 301(3) C.P.C.
Uganda Vs. Bideri s/o Meso 1970 71

Functus of ofiicio - different charge preferred after conviction but before sentence.
Karesensio Kabatene Vs. Uganda 1972 105
Page 371
Housebreaking and Theft c/ss.252 and 28(1) of Penal Code-sentence of
preventive detention - statutory written notice-s.2(2) (b) of Habitual Criminal
(Preventive Detention) Act-past record of accused-functus officio.
Uganda Vs. Charles Nsereko & anor 1972 149

Elopment c/s.121A (1) and (3) of the Penal Code section 326(3) of the Criminal
Procedure Code-extension of time in which to file an appeal-section 336A(1)(b)
and (6)-functus officio.
Gerosomu Tuheirwe Vs. Uganda 1972 220

Functus officio-order for compensation male eight days after order sentensing
the accused to imprisonment.
GRADUATED TAX
Uganda Vs. Mwau Paulo 1970 211
Failure to produce graduated tax ticket-demand by police officer-remedy for
illegal sentence.
Uganda Vs. Rwangondo 1970 189

Failure to pay graduated tax-date when offence materialized.
Uganda Vs. Basigwire 1970 189

Failure to pay graduate tax-date when offence materialized.
Uganda Vs. Sekondo s/o Butia 1970 190

Failure to pay graduated tax-omnibus order-indefinite term of imprisonment in
default.
Uganda Vs. Turuma s/o Oye and 16 others 1970 190

Failure to pay graduated tax-tax due 3 years ago-recovery of surcharge.
Uganda Vs. Eujenio Koroyi 1970 191

Failure to pay graduated tax-order to pay tax plus surcharge.
Uganda Vs. Maguru s/o Miranga & 2 Ors 1970 191

Failure to pay graduated tax-joinder of parties-excessive fine.
Uganda Vs. Rubabingira 1970 192

Failure to pay graduated tax and surcharge-imposition of fines.
Uganda Vs. Juliano Athocon 1972 79

Failure to pay Graduated Tax c/s 69(3) of the Local Administrations Act, 1967-
plea of guilty-lack of complaint under s.41(2) of the Magistrates' Courts Act, 1970-
poverty as a lawful excuse for not paying Graduated Tax.
Uganda Vs. Rubarema 1972 171

Failing to pay Graduated tax c/s.69(3) of the Local Administrations Act, 1967-
payment of unpaid graduated tax-when fies may be non-cumulative.
Uganda Vs. Abrawani 1972 112
Page 372
Failure to pay graduated tax-allegation that accused had failed to pay on 30th
June, 1971-s.69(3) of the Local Administrations act 1967.
Uganda Vs. Gabriel Kadoto 1972 151

Failure to pay graduated tax c/s.69(3) of the Local Administrations Act, 1967-
when the offence was committed.
Uganda Vs. Kaabi Kakyiga 1972 277
Failure to pay Graduated Tax c/s.69(3) of the Local Administrations Act, 1967-
Plea-I admit the charge-whether unequivocal -order to pay tax due-whether proper.
GRIEVOUS HARM
Uganda Vs. Mungai Mwaura - prevention detention. 1970 133
Grievous harm - doctor's classification accepted-duty of court to reach its own
finding-sentence of preventive detention not justified.

Court Act-provocation-whether applicable in cases other than murder.
HABEAS CORPUS
The matter of s.33 of the Judicature Act 1967 And matter of an Application for
Habeas Corpus an Subjiciendum And In the matter of Marin Ziwa - Restrained 1980 20
Hebeas Corpus - application for habeas corpus ad subjiciendum - judicature Act 1967
s.33 - application in respect of infant by its father against person having temporary
custody pursuant to order by juvenile court - where applicant was summoned before
juvenile court which summons he ignored his application cannot be entertained in
High Court.
In the matter of Magezi Floribert 1992-93 232

Habeas corpus - return - effect of insufficient return.
HABITUAL CRIMINAL
Uganda Vs. Yozefu Ojok 1970 74
Prevention detention-Habitual Criminals (Preventive Detention) act (Cap.112)-
principles to be applied.
Uganda Vs. Patrick Lutaya 1970 74

Preventive detention-Habitual Criminals (Preventive Detention)Act-whether
sentence of preventive detention could be ordered to run concurrently with a
substantive sentence of imprisonment-excessive sentence.
Byesigere Petero Vs. Uganda 1971 5

Habitual Criminals (Preventive Detention) Act-sentence of imprisonment by
Magistrate Grade II - sentence of preventive detention by Magistrate Grade 1
substituted upon further committal for sentence.
Katende Eria Vs. Uganda. 1972 42

Shop-breaking and theft c/s. 283(a) and 252 of the Penal Code -dismissal of
Page 373
Keresensio Kabatene Vs. Uganda 1972 105
Housebreaking and Theft c/ss.252(1) of Penal Code-sentence of preventive
detention-statutory written notice -S.2(2) (b) of Habitual Criminals (Preventive
Detention) Act-past record of accused-functus officio.
HIRE PURCHASE
Magamboni John M Vs. Uganda Hire Purchase Co. Ltd 1978 54
Hire Purchase - motor vehicle - agreement to purchase vehicle on hire executed by
hirer but not by finance company.
National Industrial Credit Uganda Ltd Vs. P.M. Nsibirwa 1974 133
Hire Purchase-agreement signed by defendant-deposit paid and lorry delivered -
whether credit sale agreement -default in payment of installments - whether
agreement terminated automatically-whether termination waived by plaintiff-
claim by defendant that he signed the forms without reading them-whether
plaintiff and defendant were ad idem-whether there was a misrepresentation by
plaintiff's agent - whether defendant can escape liability by pleading mistake.
HOARDING
Uganda Vs. Everist Mugabi 1975 170
Criminal Procedure-conviction for hoarding 300 cases of beer ss.1(1) and 2(1) (c )
of the Prevention of Hoarding Decree, 1974-sentence of a fine of shs.9,000/= or
12 months imprisonment in default -whether Magistrate Grade 1 had jurisdiction to
IDENTIFICATION
Uganda Vs. Robert Kayima 1970 93
Evidence-identification by confrontation -proper rules to be observed.
Masheja Kaloli & anor Vs. Uganda 1970 116

Identification parade-improper use of parade in identifying accused.
IDLE AND DISORDERLY PERSON

Uganda Vs. Juwakino Tidiya 1971 212
Offence of being riotous or disorderly while drunk in a street or a place of public
resort-Rule 27(g) of the Urban Authority Rules.
Uganda Vs. Christopher Lugaya 1971 213

Irregular procedure by a magistrate -failure to enter a plea of any description
after the accused had answered to the charge-verdict of not guilty based
on facts as recited to the court instead of evidence - charge of idle and
disorderly person contrary to action 162(d) of the Penal Code - failure to
make a finding on whether a bus was a "public" place.
Uganda Vs. Nadutu 1975 395
Page 374
IMPRISONMENT IN DEFAULT
Uganda Vs. Waswa Segawa 1970 188
Imprisonment in default of payment of fine-accused under 18.
Uganda Vs. Gaitana Ojii and Binansio Olwoch 1970 220

Charge of two accused on the same charge sheet-offences committed on
different occasions-illegal imprisonment in default of payment of fines.
IMPRISONMENT OF YOUNG OFFENDER

Uganda Vs. Tomasi Sefuma & anor. 1970 50
Sentence of imprisonment on young offender-s.300A(1) of the C.P.C. read with
s.5(1) of the Reformation Schools Act.
Uganda Vs. Isingoma 1975 395
Uganda Vs. Munyangabe 1975 399
INDUSTRIAL COURT
In the matter of Industrial Court case No.19 of the1971 Between
Amalgamated Transport and General Workers Union & Uganda Transport
Co. Ltd 1972 268
Trade dispute settled by Industrial Court-appeal to High Court to set award aside
Trade Dispute (Arbitration and Settlement) Act S.1(5) - whether provision for
appeal to High Court or review or revision - inherent powers under s.101
INDECENTLY ASSAULT
Uganda Vs. Aramanzaini Kyengera 1972 22
Indecently assaulting a woman c/s.122(1) of the Penal Code- adequancy of the
plea of guilty.
INJUNCTION
Nsubuga Nelson & Anor Vs. Samson Mutawe Sekabanja 1974 242
Rent-distraint -grant of interlocutory injunction -meaning of departed non-citizen
Asian in terms of Decree 5 of 1973-onus of proving ownership.
Wakoli John Vs. Kariang Lorika & Others 1975 23

Civil Procedure -temporary injunction under O.37 r.1 of Civil Procedure Rules-
Principles governing the issue of temporary injunction.
Tumwine Enock Dr. Vs. Dr. Martin Aliker 1975 24

Civil Procedure-notice of motion under O.37 r.4 to set aside a temporary injunction-
injunction had been issued after an ex-parte chamber application brought under
section 36 of the Judicature Act 1967-before issue - O.37 r.3 had not been
Complied with - whether a temporary injunction should have issued in absence of
service of notice of the opposite party-when notice dispensed with -what form
should temporary injunction be issued-whether the temporary injunction should be
discharge or varied in terms of O.37 r.4.
Page 375
Kyaggwe Farmers Assoc. Ltd & Others Vs. E. Kafeero & Others 1975 94
Company Law-application for a declaratory judgment -injunction restraining
defendants and /or their agents from acting as members of the Board of Directors
of the first plaintiff-improper method of removal of directors-appointment ultra vires
the Companies Act section 185(2).
Sonko A. Haji & Another Vs. Haluna Semwanga & Another 1975 196
Civil Procedure-application by Chamber Summons on behalf of the plaintiff seeking
for an interlocutory injunction against the defendants pending the hearing and final
disposal of the suit. Application under O.37 r.1(a) of the Civil Procedure Rules-
request for a declaratory judgment delay of five years before application.
INSANITY
Uganda Vs. J. Kazinya s/o Biribwa 1972 15
Murder c/s. 183 of the Penal Code - unsworn evidence-plea of insanity
Uganda Vs. Arafairi Karegyeya 1972 15

Murder c/s. 183 of the Penal Code-proving insanity on a balance of probabilities-
diminished responsibility s.188 of the Penal Code.

Murder - Defence of insanity-burden of proof.
Uganda Vs. Aventore Ovu 1972 143

Murder-insanity-whether the mental state of the accused at the time the act was
committed could be agreed under section 64 of the Trial on Indictments Decree
(No.26 of 1971).
INSURANCE LAW
Moonlight Sengooba Salongo Vs. Administrator General 1974 62
Married Women Property Act, 1882 of the United Kingdom-husband of a customary
marriage effecting insurance policy-nominates wife as sole beneficiary-whether
policy money part of husband's estate or absolute vested interest of wife-whether
section 11 of the Act repugnant to local customs-whether applicable in Uganda.
Hawaga Samuel Vs. Christopher Bisutu 1974 154

Insurance-Traffic and Road Safety Act 1970, s.32(2)-application by originating
Chamber summons for an interpretation of that section-whether liability of N.I.C
limited to shs.100,000/ - need for law reform.
Pioneer General Assurance Society Ltd Vs. Joseph Mukasa 1974 53

Insurance-condition that policy did not render company liable unless accident
reported within a reasonable time-whether such condition void as between
company and insured -Traffic Act 1951 s.102-whether accident was in fact reported
within a reasonable time.
Pioneer General Assurance Society Ltd Vs. Sakibu Ziwa 1974 51
Page 376
Insurance vehicle was one "in which passengers are carried for hire or reward"-
Traffic Act 1951m ss.98, 99 and 104(1) -predominant purpose of vehicle-effect of
repeal of Traffic Act 1951-whether right accrued without a judgment survived the
repeal of the Act-Interpretation Act s.15(1).
M/S Peter S.S Kirumira Oil Millers Industry Vs. Uganda American Insu. Co. Ltd. 1976 56
Insurance - indemnity - policy providing for insurance against explosion-plaintiff's
tank bursting and collapsing - whether such peril covered by policy.
Nsubuga K. Victoria Vs. Jupiter General Insurance Co. Ltd. 1976 54

Insurance - motor vehicle obligation of insurer-appeal of statute under which contract
made-corresponding section included in new statute-whether contract was still valid.
Traffic ordinance s.104 (2) and Traffic and Road Safety Act 1970, ss.187(3) (3 ) & 32.
Kirunira Haji & Anor Vs. Samson Kidde 1983 71

Insurance Law - contract of insurance - garnishee proceedings against insurance
company - a contract of insurance is not a debt subject of garnishee proceedings
without first determining garnishee's liability.
Mubiru D.S Vs. The Co-operative Bank Ltd 1983 33

Insurance Law - motor vehicle third party insurance - jurisdiction of courts - courts
have jurisdiction to hear cases under Motor Vehicle (Third Party Risks) Insurance
Fund Decree No.5 of 1978.
INTERLOCUTORY JUDGMENT
Sentongo George Vs. Uganda Transport Corporation 1975 205
Civil Procedure-Reference to High Court -error by High Court Registry omitting to
endorse on file that appearance made-Interlocutory judgment entered against
defendant in error-matter referred to High Court by Registrar -High Court empowered
to correct error under Civil Procedure Rules (Cap.65) O.46 r.7-Interlocuroty
judgment set aside.
Komunda P. & 2 Others Vs. Katuramu 1994-95 85

Interlocutory judgments - circumstances when an interlocutory judgment can be
set aside.
INTERNATIONAL LAW
Uganda Vs. Etema Mustapha 1975 253
Criminal Procedure -jurisdiction-extraterritorial jurisdiction -offence-committed
outside Uganda by Ugandan National - whether triable by Ugandan courts- no
legislation conferring jurisdiction over extraterritorial acts-Uganda courts conferred
with unlimited municipal jurisdiction-constitution of the Republic of Uganda, 1967,
Art.83(1) and Magistrates' Courts Act, 1970, s.30.
International Law-extraterritorial jurisdiction-jurisdiction of state over extraterritorial

acts committed by its National must be conferred by statute but is not automatic.
JUDICATURE ACT
Page 377
JUDICIAL CONDUCT
Assault-criminal and tortious assault-damages for injuries sustained during assault-
miscarriage of justice resulting from trial magistrate being related to one on the
parties.
Uganda Vs. Nviiri Joseph 1979 3

Judicial Conduct - judicial oath - equality before law - magistrate imposed an uncalled
for sentence of imprisonment due to threatening behaviour of complainant - whether
magistrate administered justice in accordance with judicial oath.
JUDICIAL SEPARATED
Sarla Rameshchandra Patel Vs. Rameshchandra Manibhai Patel 1972 140
Petition for decree of judicial separeation-absence of respondent-need for
corroboration.
Vera Sarah Smith Vs. Alexander William Smith 1970 42

Judicial separation on grounds of adultery and cruelty-juridiction where petitioner
not domiciled in Uganda -ss.2, 4 and 15 of the Divorce Act (Cap.215).
JUDICIAL PRACTICE
Criminal Law-assault c/s 230(b) of Penal Code-accused convicted and sentenced
to 1 months imprisonment -accused first offender-whether sentence harsh and
pay fine-discretion of the court s.192(b) of the Magistrates' Courts Act, 1970.
Judicial practice -treatment of first offender-s.299 (a) of the Civil Procedure Code
as repealed by Criminal Procedure (Amendment) No.2 Act, 1969.
JURISDICTION: CIVIL & CRIMINAL

Uganda Vs. Mario Olubutua 1971 213
Jurisdiction - attempted suicide contrary to section 203 of the Penal Code -
Magistrate Grade II or III has no jurisdiction.
Katebalirwe Bonefansio Vs. Kilembe Mines Ltd 1974 210

Tort-negligence-claim for personal injuries-plaintiff failed to prove negligence
against the defendant -whether defendant would be liable. Jurisdiction-claim
based on the loss of a tooth moderate pain and suffering for a few days-whether
Page 378
action would be instituted in the High Court.

Criminal Law-jurisdiction - driving while under the influence of drink s.119 of the
Traffic and Road Safety Act, 1970-whether Magistrate Grade II had jurisdiction to try
offence-Magistrates' Courts Act, 1970 Schedule 1 as amended by S.I. No.90/71.
Kabano Samson & Anor Vs. Uganda 1975 130

Criminal Procedure-jurisdiction-Economic Crimes Tribunal Decree, 1975, s.3-
whether the High Court and other courts had jurisdiction to hear appeals in
offences covered by the Decree but decided by lower courts before Decree came
into force stealing by servant ss.252 and 258 of the Penal Code-offence falling
within Decree-ss.3 & 8(1).
Uganda Vs. Opio Gideon 1975 176

African Customs and Transfer Management Act, 1970-charge brought under a Non-
existent section of the Act-whether it was necessary to allege that the Goods
were subject to Custom Duty whether Magistrate Grade II had jurisdiction under
the Act.
Uganda Vs. Everist Mugabi 1975 179

Criminal Procedure-conviction for hoarding 300 cases of beer ss.1(1) and 2(1) ( c)
of the Prevention Hoarding Decree, 1974 - sentence of a fine of shs.9,000 or 12
Korutaro K. Vs. W. Mukaira 1975 216

Civil Procedure-appearance-Affidavit of service-plaintiff proceeding upon default of
entry of appearance to file affidavit of service of summons - if found liquidated
jurisdiction given subject to complying with above procedure-Civil Procedure Rules
O.9 rr.3 and 4 -where above procedure not followed plaintiff to set down case for
hearing exparte under s.9 r.8A.
Civil Procedure-Jurisdiction - Magistrates Court-civil jurisdiction of Grade II

Magistrate in civil customary law cases unlimited-transfer of cases between
magistrates vested into Chief Magistrates alone.
Uganda Vs. Ochola & 2 Others 1981 8

Jurisdiction - criminal jurisdiction of a magistrate Grade II - whether it's within the
jurisdiction of a Magistrate Grade II to impose suspended sentence.
Mubiru D.S. Vs. The Co-operative bank Ltd. 1983 33

Jurisdiction - jurisdiction of courts - exclusion - express or clear words or necessary
implication necessary to oust jurisdiction of courts - courts have jurisdiction to hear
cases under Motor Vehicle (Third Party Risks) Insurance Fund Decree No.5 of 1978.
Uganda Vs. Lwanga Paul 1984 20

Jurisdiction - magistrates courts - fine - jurisdiction to impose fine restricted by
magistrate's personal sentencing powers under ss.158 and 192 of the Magistrates'
Courts Act and law creating offence.
Page 379
Omosingoit Oliso J.P.F.X Vs. Federiko Ibunyat & 2 Others 1985 89
Jurisdiction - parties - vesting court with jurisdiction - parties have no power to vest
court with jurisdictional competence or authority to hear cases.
Obol - Ochola James Vs. Computer & Equipment Services Ltd 1987 83
Civil Jurisdiction - High Court - Company incorporated outside Uganda - where
summons served or defendant in an office in Kampala - jurisdiction conferred on Court
by s.15(a) Civil Procedure Act (Cap.65)
M/S Muwayire Nakana & Co. Advocates Vs. DAPCB & Another 1987 91
Jurisdiction - main suit pending in Magistrates court application for temporary
injunction made to High Court - application incompetent.
Barugahare Anthony Vs. Marita Ntarantambi & Alo Babinaga 1987 95

Civil Jurisdiction - Chief Magistrates Courts - customary suits - Chief Magistrates'
Courts competent to hear such suits as all magistrates of all grades have concurrent
jurisdiction in civil suits governed by customary law - provisions of s.22 of M.C.A.
nor mandatory.
Uganda Vs. Kafeero Bosco 1991 1

Criminal Jurisdiction - Indecent assault - trial by Magistrate Grade III - offence outside
jurisdiction of Magistrate.
Uganda Vs. Wesonga Martin 1991 5

Criminal Jurisdiction - Magistrate Grade III - sentence of imprisonment - not to impose
sentence of imprisonment in excess of six months.
In the matter of Mailo Register Kyandondo Block 13 Plots Nos. 95, 699 and 699
land at Najjanankumbi And In the Matter of Habib Lubwama 1991 74
Jurisdiction - Magistrate Grade II - registered land - Magistrate Grade II can rightly
declare a transfer of land to be null and void.
Kivumbi Sarah vs. Betty S. Matovu 1992-93 132

Civil Jurisdiction - Chief Magistrate - value over shs. 20,000/= - court had no jurisdiction
after coming into force of the Currency Reform Statute 1987.
Civil jurisdiction - Magistrate's Courts - whether the Currency Reform Statute 1987 had
reduced the jurisdiction of Magistrates.
Odo Tayebwa Vs. Bongonzya Eldadi & Another 1992-93 143

Civil Jurisdiction - Magistrate Grade II - pecuniary jurisdiction - limited to shs.5,000/=
after coming effect of the Currency Reform Statute 1987.
Mwine Vs. Rusama Musenene 1994-95 84

Jurisdiction - whether RC III courts have original jurisdiction.
Abby Semakula Vs. Eldad Rubarenzya 1994-95 69

Civil Jurisdiction - Chief Magistrate - pecuniary jurisdiction - whether interest on a
decretal amount has an effect on it.
Page 380
Byaruhanga E. Vs. Banyanga & 2 Others 1994-95 82
Civil Procedure - Magistrate Grade II - pecuniary jurisdiction - Not limited by the
Currency Reform Statute 2/87 in relation to customary civil matters.
Civil Jurisdiction - Magistrate Court (Amendment) Statute 6 of 1990 - whether the

statute reduced the civil customary jurisdiction of Magistrates Grade II.
Civil Procedure - jurisdiction - whether Article 237 clause 8 of the 1995 Constitution
ousts court's jurisdiction.
Opwateta Growers Co-Society Ltd & 7 Others Vs. North Bukedi Co-operative 1994-95 76
Civil Jurisdiction - competence of High Court to determine matters involving
co-operative societies - such matters be dealt with by arbitration under Co-operative
Societies Statute 1991.
Civil Jurisdiction - cause of action arising in a different jurisdiction can be disposed of

by adducing evidence.

Jurisdiction - Resistance Council Courts - Pecuniary Jurisdiction - whether debt of
shs.11,000/= triable by Resistance Council Courts - Resistance Committee (Judicial
Powers) Statute No.1 of 19 of 1988.
Nakedee Ndiwalungi Imelda Vs. Roy Busuulwa Nsereko & Another 1997 73
Jurisdiction - Magistrates Court - pecuniary jurisdiction of Grade II magistrate in matter
of letters of administration limited to estate value at shs.10,000/=.
In the matter of an application for guardianship by Immaculate Ndagire

of Prossy Nalugwa (an infant). 1997 82
Jurisdiction - High Court has unlimited jurisdiction to appoint guardian for infants.
Kalemera Frank Vs. Uganda 1998-200 5

Jurisdiction - appeals from decisions of Court Martial Appeal Court - Appeal lies to
Court of Appeal and not Supreme Court.
Jurisdiction - Supreme Court - Appeal to Supreme Court can only lie from decision of
the Court to Appeal.
LABOUR LAW
A.M. Jabi Vs. Mbale Municipal Council 1975 190
whether subject to limitations-meaning of wrongful dismissal-need for justifiable
cause and reasonable notice-summary dismissal of employee on permanent terms-
conditions to be satisfied - staff regulations governing employer/employee
relationship-duty on employer to observe regulations before dismissal - natural
justice-need for fair hearing before dismissal - proper remedy in case of wrongful
dismissal -damages-assessment.
Otto John Okori Vs. Uganda Electricity Board 1981 52

Labour Law - Contracts of service - whether specifically enforceable.
Page 381
Labour Law - contracts of service - whether a master may terminate a contract with
his servant for an indefinite period any time - whether he must have a reason.
Labour Law - contracts of service whether leave is an entitlement or a privilege.
Labour Law - contracts of service - whether there is an implied right to terminate a

contract of service by reasonable notice - effect where the contract provides for notice.
Barclays Bank of Uganda Ltd Vs. Godfrey Mubiru 1998-200 16

Labour Law - summary dismissal - grounds upon which an employee may be
summarily dismissed - employee conduct amounting to repudiation of contract of
employment.
Labour Law - summary dismissal - no notice required where employee summarily

dismissed - employee conduct amounting to repudiation of contract of employment.
Labour Law - Termination of contract of employment employer entitled to terminate

employee either by giving requisite notice or paying compensation to employee in lieu
of such notice - employers' right to terminate employee unfettered by courts.
Labour Law - damages for termination of employment whether employee entitled to

damages where employee is in breach of the employment terms no damages
payable to him.
Labour Law - Damages - measure of damages for wrongful dismissal - limited to

period of earnings until when the employer could lawfully terminate employment.
Labour Law - damages - payment in lieu of notice - depends on stipulated period of

notice or where no stipulated period given reasonable notice depending on nature and
duration of employment.
LAND LAW
Alexious Olowo Vs. Ignatiyo Akenya 1970 123
Land dispute-ebcroachment - acquisition of land by long undisturbed possession-
protection of minor by s.22 of the limitation Act.
Yerimiya Mikwana Vs. Francisco Okecho 1970 124

Land boundary dispute-mode of acquisition of interest in land under customary
law-allocation of land by divisional chief.
Mwanyi Dealers Ltd & others Vs. Sezibwa United Ltd & others. 1970 13
Declaratory judgment-validity of election of company directors challenged-prayer
for injunctions-consent of the Minister under Land Transfer Act.
Frederick S. Kamunye & 5 ors Vs. Pioneer Gen. Assurance Socieity Ltd 1970 17
Res judicata-s.7 of the Civil Procedure Code Act-explanatory paragraphs 3 and 5
to s.7-s.120 Registration of Titles Act-whether or not entry by the defendant
company on part of the mortgaged land owned by an African constituted entry
Page 382
Semeo Wandia Vs. Yakobo Okeye 1970 60
Land dispute -s.29 ot the Limitation Act-equitable jurisdiction to refuse relief on
grounds of acquiescence.
Girifansio Obure Vs. Iteso United Traders 1970 122

Land dispute-Public Lands Act-customary inheirtance.
Kijaramuje Christopher Vs. Maliko Kaija 1970 11
Application for an appointment of Receiver and Manager by way of notice of
motion-grounds for application to be set in the notice of motion itself-
supplemental affidavits.
Yokana Sekandi Vs. Yafesi Semakula Musoke 1970 198

Leasehold agreement for 99 years-lease written in English and the plaintiff did
not understand-contents of lease not explaned to the plaintiff-rectificaton of the
lease.
Frederick S. Kamunye & 5 othrs Vs. The Pioneer Gen. Assurance Soci. Ltd 1970 17
Res judicata-s.7 of the Civil Procedure Code Act-explanatory paragraphs 3 and
5 to s.7-s.120 Registration of Titles Act-whether or not entry by the defendant
company on part of the margaged land owned by an African constituted entry
Gokaldas Laxmidas Tanna Vs. Shell & B. P. Uganda Ltd. 1971 225
Application for temporary injunction under O.37 r.2(1) of the Civil Procedure Rules-
party already in physical prossession.
City Council of Kampala Vs. Paulo Odido and 3 others 1971 32

Claim for possession by registered proprietor under the Public Lands Act, 1969-
allocation of plot within City Council as kibanja by local chief-application of the
Public Lands (Compensation for Resumption) Act.
Musa Magala Haji Vs. Lartin Ondowa 1971 144

Lease of Land -convenant for re-entry on non-payment of rentrelied from forteture
for non-payment for rent- application for extension of time to file application for
leave to appear and defend - O.47 r.6.
Uganda Thrift Co. Ltd Vs. J.M. Nnambale 1971 326

Landlord - tenant action for recovery of rent and possession whether plaintiff was
landlord of defendant-whether one tenant - common could maintain such action
against another tenant - in-common.
Nandyose Elizabeth Vs. R. Kyogaba 1971 13

Notice of motion for a consequential order under s.185 of the Registration of
Titles Act Directing concellation of a registered instrument - substitution of name
of new proprietor of mailo lands.
Musumba Joseph Vs. Haji M. Kasaka & Mbarara Auction Mart 1971 143
Tenancy-termination by notice-distriant of goods-assessment of general damage-
exemplary and aggrevated damage.
Page 383
H.K. Kangave Vs. V. Naluma 1972 58
Non-payment of rent - absence of contract between landlord and tenant-whether
the Busulu and Envujjo Law was applcable-whether increase in rent permitted.
Katongole Abdu Vs. Manuel Jjuko 1973 95

owned Kibanja - whether plaintiff could bring suit in his own name - 0.3 rr.1 and 2
of the Civil Procedure Rules-Customary law-s.8 of M.C.A., 1970 -Judicature
Act, s.3.
Shell & B. Uganda Ltd Vs. Sikander Husain Esmail & 4 others. 1973 282
Action for back rent and lease payments-appearance and service-possession
and concellation of lease-s.102(b) Registration of Titles Act-action against five
or six joint tenants.
Kigundi Yowana Vs. Erinesti Mayanja 1973 10

Land dispute-jurisdiction of Magistrate Grade II over land under the Registraton of
Titles Act-Magistrates' Courts Act, sections 219 and 220 - sending files to
Chief Magistrate for directions.
In the matter of Christopher Godfrey Kiwanuka-Musis & anor 1973 167

Re-entry into premises by landlord under Registration of Titles Act, s.102(b)-
application for cancellation of re-entry -relief at equity -new lease entered into by
landlord in favour of new tenant-delay in bringing action-execise of
discretion by court.
In the matter of the Estate of Musa Kyakonye Misango(Deceased) 1973 57

An application by notice of motion to lift caveat lodged under section 253 of
Succession Act (Cap.139) - relating to the petition for letters of administration-
whether notice of motion was proper procedure to lift caveat.
Nyarbungu Tin Mines Ltd & anor Vs. The Attorney General 1973 88
(Miscellaneous Provisions) Act, 1969-O.47 r.3 of the Civil Procedure Rules and
s.38(1)(b) of the Interpretation Act-whether the following day should be included if
the limitation period ended on a public holiday.
Eingu s/o Omiat Vs. Erieza Adengu 1974 258

Land Law-Customary Land law -Encroachment on Land -Limitation of actions for
recovery of Land-Limitation Act-Resolution by Teso District Council fixing
Limitation of actions at seven years-whether resolution has force of law-order made
by Magistrate without being prayed for-whether proper.
Lumu Laurensio Vs. Lindo Musoke 1974 19

Trespass-suit for damages for trespass to land-plaintiff registered owner of
disputed land but sold to defendant-Registration of Titles Act Cap.205.
Olowo Alexious Vs. Ignatiyo Akenya 1974 207

Land Law -possession of land under customary tenure-whether Limitation Act
applicable.
Page 384
Nsubuga Nelson & anor Vs. Samson Sekabanja 1974 242
Rent-distrait - grant of interlocutory injunction -meaning of departed non-citizen
Asian in terms of Decree 5 of 1973 onus of proving ownership.
In the matter of J.J. Kamulegeya & Anor 1974 299

Civil Procedure-application for review of ruling -Land law -Lease-appointment of
arbitrator-arbitrator objected to by respondent as incompetent-objection overruled-
notice of motion-Civil Procedure Rules, O.42 rr.1 & 2 -proper heading.
Nakayima Maria Solome Vs. Paulo Waddimba 1974 107A

Land law-Kibanja -tenancy without consent of mailo owner-eviction of tenant-
whether compensation payable to tenant in view of illegality of tenure.
Kagwa Olive Amelia Kawalya Vs. The Registrar of Titles 1974 238
Land Law-Land Transfer Act-requirement for consent of the Minister to transfer
land to non-African-application by executrix for registration as proprietor-section
143of the Registration of Titles Act-applicant born of mixed European and Ghanaian
parentage-whether applicant required the Minister's consent-whether applicant
"African"-meaning of "African"-meaning of a member of an "indigenous African
tribe or community-interpretation (Special Provisions) Act-Interpretation (General
Clauses) Ordinance - mailo land preservation of mailo land tenure system-
prohibition of transfer of mailo land to a man who is not of the protectorate except
with the consent of the Minister -meaning of "a man who is not of the Protectorate".
Kiwanuka D.N Vs. The Attorney General 1974 100

Land Law-compulsory purchase and resumption-compensation-application to court
to determine ownership of land and compensation payable-basis of assessment of
compensation -whether court could disturb a valuation by the relevant authority-
the Public Land (Compensation for Resumption) Act, 1965, s.3.
Lumu Emmanuel B.S. Vs. Amin Singh Sood 1974 64

Action for recovery of land-whether defendant obtained title to land the subject of
suit-requirement for the Minister's consent -s.2 of the Land Transfer Act.
Ndugga H.K. Vs. I.K. Musazi 1974 156

Succession-Limitation Act, section 6-whether it affected action related to the
administration of estate-whether there was limitation period for registration of land.
Ndagire Zebiya Vs. Kasujja Leo 1974 153

Land law-fraudulent Registration of land under section 76 of the Registration of
Titles Act (Cap.205) contrary to section 199 of the same Act contrary to the
provisions of the Penal Code-Remedies for fraud ss.76, 184 and 185 of the
Registration of Titles Act.
Kawalya Kagwa Olive Amelia Vs. The Registrar of Titles 1974 149
Land law-Land Transfer Act, section 2-Registration of Titles Act section 139-
whether the applicant whose father was a member of an African tribe and a
British mother was an African-Interpretation Act, 1963-Interpretation (Special
Provisions) Act-whether a non-African executrix of a will of an African could be
registered as proprietor of deceased's lands or could execute transfer of lands
Page 385
without Minister's consent.
Naluswa Charles Mark Vs. William Luswabi 1974 109

Land law-Registration of Titles -application to court to order Registration of Titles
to enter recovery of possession of land leased -s.105 of the Registration of Titles
Act-need to recover actual possession before making application.



Appeal - Civil appeal s.232(3) of the Magistrates' Courts Act, 1970-interpretation
of s.232(3) of the M.C.A.-land law-customary land tenure-encroachment on land-
witnesses-the demeanour and the evaluation of the credibility of witnesses -
burden of proof in civil cases-joinder of parties.
Matambulire Vs. Yozefu Kimera 1975 150

Land Law-money lent under written agreement -kibanja and house use as security
whether outright sell or mortgage-fresh offer of sale-whether clog on the equity of
redemption-default by mortgager-procedure to be followed -trial practice-failure of
trial court to consider-duty of appellant court.
Kaaso Nathanael & Others Vs. Attorney General & Another 1975 194
Civil Procedure - plaint-whether disclosed cause of action-controlling authority-
meaning-s.54 of the Public Lands Act, 1969-occupier-whether entitled to
compensation-s.37 of the Public Lands Act, 1969-plaintiffs-whether properly joined-
Page 386
advocate suing wrong party - costs-liability for.
Kintu Nambalu Vs. Efulaimu Kamira 1975 222

Civil Procedure-limitation of actions to recover land-Customary land tenure-Doctrine
applicable to above suits-Limitation Act (Cap.70), s.6 - meaning of limitation -
distinction between limitation and prescription.
Land Law - Customary land tenure-acquisition of title - grant of land by Chief and
grant by temporary occupation licence valid grants and confers title -Land not
permanently deserted if occupier forced to vacate by outbreak of sleeping sickness
and plaque.
Bread Ltd Vs. Uganda Company Ltd & Uganda Industrial Machinery Ltd 1975 214
Company law - shares - transfer - complete transfer of all shares from one company
to another amounts to complete take over of company and legal succession -
Uganda Advisory Board of Trade Decree, 1974 (Decree No.9/74), s.20 and Uganda
Advisory Board of Trade (Transfer of Property and Assets) (specified Companies)
Order, 1974 (S.I No.67 of 1974).
Land Law - consent - Transfer of land-parties bound by lease agreement to seek

consent before transfer - legal successor to one of the parties capable to giving
valid consent.
Land Law-Caveats-discharge - application for discharge to be by Notice of Motion
not originating summons - Civil Procedure Rules, O.48 r.1.

Land Law-Access to mailo land - Access to water on mailo land as an ancient public
right under possession of land law 1908-public right enjoyed for 6 years-whether
expressions "of old" or "long ago" mean "a very long time.
Land Law-Trespass-vendor gave access to appellant to reach water pond situated on

his land- appellant continued enjoying access-whether trespass committed upon the
land during its occupation by Purchaser.
Bafirawala Ashey Musoke Vs. George William Jogga 1976 27

Land Law - claim for vacant possession - defendant was left in charge of plaintiff's
house with power to receive rents and make various payments on his behalf-claim
that the property had thereby passed to him-effecting substantial structural
alterations and additions on the property despite court's injunction order restraining
him-whether property passed to defendant-whether defendant is entitled to value of
improvements affected.
Barclays Bank of (U) Ltd Vs. John Hilton Northcote and Enid Northcote 1976 35
Land Law Mortgages - equitable mortgage-created by deposit of title deeds-
memorandum that mortgagee entitled to legal mortgage on demand with unqualified
power to sell - action for declaration that mortgage debt due and order of foreclosure
or sale or appointment of receiver for sale-remedies of equitable mortgage -whether
equitable mortgage entitled to same remedies as legal mortgagee.
Page 387
Mutesi Florence Joyce Vs. Andereya Kinyamule 1976 66
Land Law - customary land tenure - limitation of cause of action-whether customary
law recognised law of limitation-application of customary law in Magistrates' Courts-
Act, s.9(1) and Limitation Act, s.6.
Diamond Trust Properties Limited Vs. Spring Valley Grocers Ltd 1976 57
Land - landlord and tenant - rent - recovery of rent-property of landlord allocated to
another person under the Assets of Departed Asians Decree - whether landlord's
rights in the property terminated - whether landlord's right to claim arrears of rent up
to the time of allocation-Assets of Departed Asians Decree, 1973.
Logogo Coffee Co. (U) Ltd Vs. Singo Combined Coffee Growers Ltd 1976 96
Land law - lease - termination by re-entry - absence of entry of re-entry in Register
Book - whether lease effectively terminated - transfer of land by the lessor to third
party before Registrar of Titles had made an entry of the re-entry in the Register Book-
whether lessee entitled to relief against forfeiture for non-payment of rent.
Ndawula John For S. Kitaka Kisingiri Vs. Kasozi 1976 294

Land Law - Kibanja- whether mailo owner can collect rent from Kibanja holder in
respect of buildings whether commercial or not erected by Kibanja holder - Busuulu
and envujjo Law s.5.
Bamuite Aloni Vs. Nangobi Safina Babirye 1977 41

Land Law - custody law - a woman, eligible heir -evidence - clan leader established
that she was chosen as a heir only effect of selling clan land to an outsider.
Land law - purchaser-purchaser to make reasonable and sufficient investigations as

to the ownership of vendor.
Nsindika Sekeil Vs. Seperanzi Tindibuhwa 1977 31

Land law-trespass to land-the plaintiff neither in occupation/in possession of the land-
nor holder of the letters of Administration/heir of the plaintiff's deceased father who
owned the land in issue-locus standi of the plaintiff.
In the Matter of P. Ruzhwengyibwa And In the matter of J.P. Ruzigana 1977 94

Land Law-application -application by notice of motion under s.185 of the Registration
of Titles Act to cancel or alter the certificate of title-holder of title applied for
certificate well knowing the land was under dispute - suit pending before Grade II
Magistrate-knowledge constitute fraud.
Kamanyire Bonifasi A. Vs. Standard Bank (U) Ltd 1977 82

Land Law - land lord and tenant - breach of tenancy agreement - tenant under let the
promises without written consent of the land lord /his agents-remedy of breach of
tenancy agreement-general damages as breach of a tenancy agreement is a breach of
of a contract which is actionable perse.
Land Law - land lord and tenant-failure to deliver vacant possession of the premises-
claim of mesne profits from the date vacant possession should have been delivered
up to the day the premises were made habitable - claim of costs of repairs of the
premises-documentary evidence was led to assess the cost of repairs.
Page 388
Jogga George William Vs. Ashey Musoke Bafirawala 1977 68
Land Law-plaintiff appointed defendant to be in charge of and collect rent from his
premises-defendant converted the property into his won and used the money-whether
what the plaintiff did amounted to transfer of ownership-whether defendant was
fraudulent.
Land Law-Manse profits -claim of manse profits - profits prayed for by the plaintiff
not denied or challenged by the defendant-whether judge right in awarding profits.
Mubanda Kamadi Vs. Kiwanuka Eriya 1977 122

Land Law - Busulu and Envujo law - tenant on kibanja sued for failure to pay rent
for 6 years - whether action in respect of 1st three years maintainable - eviction order
made against tenant- whether order bad in law for being based on statute - barred
claim in respect of years - s.3 of the Busulu and Envujo law.
Land Law - Eviction order -Eviction order made without specifying compensation
payable to tenant-s.13 of Busulu and Envujo law - duty on tenant to ask court to
consider and assess compensation.
Kawule Yonasamu Vs. Kalule Erusane 1977 135

Land Law- eviction for trespass and or abandonment of a Kibanja - whether s. 12 of
the Busulu and Envujjo Law applicable.
Muwereza Bulasiyo Vs. Mbusya Christopher 1977 183

Land Law-customary land tenure - whether the limitation Act applies to customary
land tenure-whether customary law recognises prescription as a root of title.
Land Law - alienating land under customary law - a gift is one mode of alienating
under customary law - once land is alienated by gift, the beneficiary exercises all
the rights of owner and the land cannot be taken away without any wrong doing on
his part.
Katarikawe J Vs. Katwiremu ( deceased) (Nyamihanda - Administrator ad Litem)

Land Law - protection of purchaser's interest in land before transfer - purchaser would
ordinarily protect his interest in land by filing caveat or charge - mere taking of
possession of title deeds is use less unless caveat is lodged on title.
Land Law - interest of purchaser before transfer - before transfer of land, purchaser
acquires only an equitable interest under contract of sale - purchaser acquires an
indefeasible registered estate after transfer had been affected.
Land Law - rights of a purchaser before transfer - where default is made in effecting
transfer - purchaser can sue on contract of sale for damages - he also had right in
equity- his equitable rights are good against all persons except a bona fide purchaser
of a registered estate for value - s. 145 of Registration of Titles Act.
Land Law - equitable remedies - equity will not intervene to provide a remedy to a 1977 188
party in case of an oral contract unless where has been an act of apart performance
of the contract - act of part performance must have been done by plaintiff with
knowledge of defendant and must have been unequivocally referable to land -
Page 389
sufficient act of part performance is concerned with possession of land- mere
payment of the contract sum without asking actual possession of land is not
sufficient act of part performance.
Land Law - position of buyer on an oral contract for sale of land - a buyer on an oral
contract for sale of land is in the same position as a buyer on a written contract- both
are entitled to sue for damages and specific performance in case of a breach - but
buyer on an oral contract is not entitled to specific performance unless he has
performed some effective act of part performance - mere payment is by itself no
evidence that it was for the purchase of land.
Land Law- taking possession of land - possession is decisive as evidence of contract

to part with ownership of land on part of payee and will operate as notice to anyone
dealing with that land - fraudulent dealings in land-meaning of fraud under R.T.A. -
fraud covers dishonest dealings in land.
Mpalikamanya F. N. Vs. L. Sempiira 1977 250

Land Law - Butaka Land - land left by deceased father to daughters father buried on
same land and his kibanja and house remained there - whether land was "butaka"
land - meaning of "butaka" land.
Land Law - joint tenancy - whether joint tenancy can be divided up.
Land Law - mailo land - chiefs gave permission in 1973 to strangers to enter and
cultivate on mailo land - whether chiefs had power - Decree 3 of 1975.
In the Matter of Butambala Farmers & Suppliers And Uganda Land Commission 1977 307
Land Law-abrogation of Rights in Land by Land commission - application for leave to
apply by Notice of Motion for orders of certiorari or mandamus - judicature Act 1967
ss.34 and 35 - S.I. No.1 under Cap.74 rule 3 and sub rule 2-leave of court to be made
before orders can issue - leave to apply for orders granted.
In the matter of Elia Kitiiza And In the Matter of Registrar of Titles 1978 39
Land Law - certificate of Title - application to reinstate certificate of title u/s 190
Land Law - leases - power to grant - controlling authority has power to grant leases
but Registrar or Titles has no such power - lease granted by Land Commission to
partners in firm name - refusal by registrar to prepare and register lease in firm name
and request made to furnish names of partners - names other than those of original
co-applicants submitted and certificate of title issued - cancellation of certificate of
title by registrar u/s 43 Public Lands Act - application to reinstate certificate u/s 190
Land Law - lease - grant to partnership - land held by partners as tenants in common-
death of one partner - successor entitled to right of deceased partner - Public Lands
Act, s.37.
Bukondo Yeremiya Vs. E. Rwakanengyere 1978 96

Land Law - land dispute - plaintiff and defendant neighbours - plaintiff claimed owner-
ship of land but produced no evidence to prove it - defendant applied for and was
Page 390
granted lease of disputed land - plaintiff and his advocate aware of the application but
lodged no caveat - whether title obtained by fraud - whether plaintiff or defendant was
rightful owner.
Mubiru Epaineti vs. Uganda Credit and Savings Bank 1978 109
Land Law - mortgage - entry into possession by mortgage of mortgaged property -
receipt of rent by mortgage from mortgaged property-whether amounted to entry into
possession.
Land Law - mortgage - power of sale of mortgage of mortgaged property - statutory

notice - service on mortgagor before sale of mortgaged property - statutory notice
served on mortgagor by registered post but returned unclaimed - property subsequently
sold - whether service effective and sale lawful - mortgagor must be served personally
and if not possible, mortgagee must obtain directions for substituted service from
registrar of titles - Registration of titles Act, ss.115, 117 and 210A (6).
Land Law - mortgage - sale of mortgaged property by mortgagee - law governing sale-
property advertised in news paper but particulars not sufficiently stated in
advertisement - property subsequently sold by auction at sum far below true market
value - whether mortgagee negligent and liable for loss suffered by mortgagor
through sale.
Land Law - mortgage - mortgagee deposited large sum of money belonging to

mortgagor on suspense account for 2 years without transferring it to loan account-
mortgagor incorrectly debated with interest on loan account - whether mortgagee was
negligent.
Lomolo Jakobo Vs. Kilembe Mines Ltd 1978 157

Land law - plaintiff sold land by illegal occupant land sold subject of lease by
defendant - whether vendor squatter - whether squatter could pass legal title to
plaintiff.
Land Law - right of squatter on land - whether squatter entitled to compensation on

eviction by owners of land.
Land law - plaintiff occupied defendant's leasehold under mistaken belief it was public
land - plaintiff believed he acquired customary tenure by paying rent to Tom Council -
defendant acquiesced occupation for 7 years - whether plaintiff squatter or customary
tenant.
Land law - customary tenant - acquisition of customary tenure on public land - once
person develops vacant public land he acquires customary tenure - but this is not so
where tenancy or right of occupancy has been established on the land.
Land law - customary tenant - eviction of customary tenant - rights of customary

tenant on eviction - customary tenant entitled to compensation on eviction.
Hassan Noor Vs. Mukiibi Yosia 1978 162

Land Law - land lord and tenant - appellant the original land lords but later on the
tenant was told by the subsequent land lord to vacate the promises, was given notice
to quit but he refused - whether the tenant was a trespasser - whether the appellant by
Page 391
staying on the respondent's land defiantly was denying the respondent his titles or was
a tenant at the sufferance of the respondent.
Lugogo Coffee Co. (U) Ltd Vs. Singo Combined Coffee Company Ltd 1978 143
Land law - lease - lease agreement - breach of covenant - whether cultivation of food
crops on premises demised for other purposes amounts to breach of covenant.
Byaruhanga Byabasajja Serwano Vs. Barclays Bank of Uganda Ltd 1978 151
Mortgage - equitable mortgage - deposit of documents as security on loan with no
specific contract governing such deposit - such deposit constitutes an equitable
mortgage.
Okalebo John Vs. Eluluma s/o Abau & Omoding Petero 1978 200
Land Law - plaintiff alleged defendant transferred laid to him by an agreement not
witnessed by members of defendant's clan nor was transfer effected through local
authorities - whether purported transfer valid.
In matter of Haji Salaimani Lule And the matter of Alfred C. Nakibinge & anor 1978 207
Land Law - vesting order - application to High Court for vesting order - whether High
Court has power to make vesting order under s.175 R.T.A.
Krataura Kuldip Vs. The Law Development Centre 1978 296

Land Law - compulsory acquisition of land - privately owned land declared by Minister
by Statutory Instrument made under Land Acquisition Act 1965 - whether Minister had
power to make declaration.
Rwamuratiri G. W. Vs. G. Kamomo 1978 300

Land Law - public land - customary tenure - compensation and resettlement of
customary tenant upon grant of land to another u/s.22(1) (a) of Public Lands Act
Cap.201 - whether payment of compensation or offer of alternative land a condition
precedent or subsequent to the grant - effect of failure to comply with s.22 (1) (a) of
Cap. 201 - whether fatal to the validity of the grant.
Land Law - Public Land - customary tenure - rights of customary tenant u/s.22 (1) (a)
of Public Lands Act Cap. 201-whether he is entitled to remain in occupation despite
grant to another until compensated or resettled.
Land Law - public land - Registration of Titles Act - application u/s.185 to the High
Court for an order directing the Registrar to cancel a certificate of title - whether
applicable where the successful plaintiff recovers land not under the operation of the
Act from a person who subsequently becomes registered as proprietor.
Matovu M., Mulindwa J. & Munyanga J. Vs. Sseviri & Uganda Land Commission 1979 174
Land Law - customary tenure - meaning thereof - whether tenure in las restricted to
"Bibanja holdings" - Enjoyment of usufructuary rights as evidence of tenure - Power of
controlling authority to make grants to customary tenants on application.
Land Law - Land Committee - statutory bodies - no statutory procedure regulating

their work - availability of a standard administrative procedure.
Land Law - Uganda Land Commission - powers thereof - powers of the Uganda Land
Page 392
Commission to grant titles to land - power restricted there a customary tenant on the
land also applies for title - P.L.A 969 s.25 - Right of customary tenant to be heard if
land is to be alienated for public use - commission to observe and be guided by rules
of natural justice.
Kakuriiremu Erinara Vs. Rwabuganda Nuha 1979 184

Land Law - public land - P.L.A. s.44 - in all legal proceedings all land in Uganda of
which no person is registered as proprietor is presumed to be public land - only the
Land Commission can sell, lease or otherwise deal with such land -s.8 P.L.A.
Lwanga Andrea Vs. The Registrar of Title 1980 24

Land Law - bona fide purchaser - position of bona fide purchaser for value vis - a - vies
one who obtained title by fraud - paradox of registered conveyancing.
Land Law - consequential order - s.185 R.T.A. - such order is made consequent upon
recovery of land by court action - person seeking registration as proprietor having
recovered land from a registered proprietor - procedure before registration thereof -
need to first apply for an order u/s.185 R.T.A.
Land Law - "owner" - meaning of "owner" - u/s.190 R.T.A. not defined - "owner"
there under includes any person who possesses or claims a registrable interest
whether the interest is legal or equitable - who may bring an application under s.190
R.T.A.
Land Law - registration of titles -R.T.A, s.190 - application u/s.190 R.T.A. for registrar
to substantiate his refusal to register- procedure of bringing such application -
application to be brought by originating summons u/o 34 C.P.R. - notice of motion
irregular.
In the matter of Ivan Mutaka And the matter of Registration of Transfer of land 1980 27
Land Law - Certificate of Title - cancellation - cancellation of certificate of title or
instrument or entry or memorial in Registrar - R.T.A. s.185 - the provision to be
resorted to only in cases where land, estate or interest is recovered by proceedings
by the registered recovers from a mere claimant to the land whose name is not in the
cannot invoke the provision.
Land Law - Registration of Titles - registration of title on succession on death - R.T.A.

s.143 - who can be registered there under - letters of administration or a certificate of
succession as a condition precedent to registration pursuant to R.T.A. s.143.
Land Law - transfer of registered land - vesting orders - R.T.A. ss.174, 175 -
circumstances under which court can make a vesting order in cases of completed
purchase of land - meaning of purchase sale for purposes of R.T.A. s.175 - whether a
gift of land inter vivors amounts to sale - whether a transferee (by gift of land inter of
land can apply for a vesting order - voluntary settlement of land by way of trust not a
sale.
In the matter of C. Kasozi Ddamba 1980 115

Land Law - disputes under s.12 of the Land Reform Decree - whether the High Court
has jurisdiction to entertain any such disputes.
Page 393
Semakula Yosamu Vs. Sali I.K. 1981 28
Land Law - customary tenant - whether can be evicted by Landlord without following
the provisions of Land Reform Decree.
Acar David & 3 Others Vs. Alfred Acar - Aliro 1982 60

Land Law -registration of land - opposition to registration - procedure to be followed by
anyone claiming an interest in land applied for is to lodge caveat - title granted cannot
be impeached where caveat not lodged except for fraud.
Kityo Yoswa Vs. Eriya Kaddu 1982 58

Land Law - vesting order - applicability - when a vesting order may be made under
s.175 R.T.A. (Cap.205)
DAPCB Vs. Uganda Blanket Manufacturers (1973) Ltd. 1982 119

Land Law - landlord and tenant - rent - in a claim for rent, valid defence to a tenant to
show that he bought rented property from landlord.
Uganda Consolidated Properties Ltd Vs. Zeman 1982 105

Land Law - transfer of land - fraud - where sale of land of a corporation done contrary
to Board of Directors' resolution, signing and effecting transfer in such circumstances
amounts to fraud.
Rwetikula Tomasi Vs. A.B. Mutaswera 1983 68

Land Law - customary tenure - termination - conditions to be complied with force
before customary tenure can be terminated under s.7 (I) of Land Reform Decree No.
3 of 1975 - tenant not to be evicted until conditions complied with.
Sekabanja S.M. Vs. A. Sajjabi & 3 Others 1983 54

Land Law - joint purchasing of land - unequal proportions - where majority land -
owner's names alone appears on certificate of title - fraudulent transfer - minority land
owner has a remedy where his share in land is fraudulently transferred to third party.
Land Law - non - registration - fraud - non-registration par se cannot defeat claim of
ownership of land or customary tenancy.
Uganda Posts & Telecom. Corporation Vs. East African General insurance Co. Ltd 1983 36
Land Law - Landlord and Tenant - Tenancy Agreement - arbitration - court cannot
landlord to submit to arbitration except in special circumstances under s.6 of
Arbitration Act (Cap.55).
Land Law - Landlord and Tenant - Tenancy Agreement - termination - tenant's

obligation to quit - procedure where tenant refuses to quit after receiving notice
terminating tenancy from landlord - incorrect procedure for landlord to obtain judgment
for eviction of tenant by notice of motion - where landlord brings suit to recover
possession court to take into account provisions of Rent Restriction act (Cap.210)
s.6(1) (a), (2) and (4).
Musisi Edward Vs. Gridlays Bank (U) Ltd & 2 Others 1983 39
Land Law - registration of land - fraud - proprietor's title to be impeached if party to
fraud or sufficiently aware of it so as not to qualify as bonafide purchaser for value
Page 394
under s.184(3) of Registration of Titles Act (Cap.205).
Land Law - sale of Land - fraud - in sale of property two clear and distinct acts take
place I.e. sale and registration-such acts not so separate and isolated but form one
transaction - where fraud is involved whole transaction becomes tainted with fraud -
immaterial at what stage fraud committed.
Kigundu Vs. Matovu Byekwaso 1984 51
Land Law - charge of ownership - customary landholding - land lords consent should
first be obtained.
Mbabali Daniel Sempa Vs. Kidza W. K. & 4 Others 1985 46

Land Law - bonafide purchaser - availability of defence - defence absolute unqualified
and unanswerable against claims of any prior equitable owner - onus of proof lies on
person setting it up.
Oitamong John Vs. Mohamed Olinga 1985 86

Land Law - customer tenure - acquiescence - where person in occupation of land for
over 30 years and owner does not protect or attempt to recover land from him amounts
to acquiescence and inequitable to allow him to disturb that long occupation.
Land Law -customary tenure - laches - laches defence to enforcement of equitable

rights - means unreasonable delay in asserting or enforcing right - where person has
been in undisturbed possession for 34 years owner estopped from claiming
possession of his land.
Land Law - customary tenure - limitation of action - limitation basically defence -

Limitation Act applies to actions for recovery of land under customary tenure.
Mubiro Samuel Kizito & Another Vs. G.W. Byensiba & Another 1985 106
Land Law - land title - acquisition by fraud - buyer not bonafide purchaser where
inserts a lesser figure on transfer form as consideration when actually paid more in
order to defraud government of revenue - mode of acquisition becomes tainted with
fraud and illegality.
Land Law - sale of land - acquisition through nullified proceedings - where sale done
pursuant to ex parte decree which is set aside sale nullified and any party who buys
is affected although not party to these proceedings.
Land Law - transfer of land - consent to transfer - absence of consent contemplated

by s.22 (5) ( c) of Public Lands Act No.13 of 1969 not to make agreement void but
incomplete - becomes effective once consent obtained - contract therefore only
voidable.
Semakula Fenekansi Vs. Mulondo Ezekiel S.M.S. 1985 29

Land Law - notice to quit - customary tenure - notice not contract grant or disposition
of property - required by law to be in writing and no oral evidence of its existence
admissible under s.90 of Evidence Act (Cap.43) - writing condition to its validity.
Land Law - notice to quit - interest in land - notice does not extinguish right or
interest - only one of conditions precedent to extinguishment of interest or right over
land as could be inadequate or lapse.
Page 395
Mulindwa Yekoyasi Vs. Attorney General 1985 70
Land Law - registered land - ownership - certificate of title conclusive evidence that
person named in it as proprietor possessed of the state and interest described therein.
Nakabiri Elena & 2 Others Vs. Masaka District Growers Co-operative 1985 38
Land Law - sale of land -bonafide purchaser - where party buys land knowing it to be
encumbered presumption is that ownership is dispute - buyer thereof not bonafide
purchaser for value.
Land Law - trespass - party entitled to sue - only party in possession of suit property
entitled to sue for trespass - reversioner only has cause of action if his or her
reversionary interest has been injured - this fact to be pleaded in plaint with details of
alleged damage.
Bwiya Steel Works Ltd Vs. National Insurance Corporation 1985 58

Land Law - shop premises - restriction of rent - provisions of s.10 of Rent Restriction
Act (Cap.210) not applicable to shop premises unless contain living quarters.
Land Law - tenancy at will - existence - implied when person in possession with
consent of owner - where tenant remains in possession after tenancy has expired
tenant at will - where period of tenancy not known and no proof of custom or practice
as to payment of rent inference on length of tenancy to be drawn from mode of
payment of rent.
Namayanja Victo Vs. Departed Asians Property Custodian Board 1986 74

Land Law - landlord and tenant - Tenancy Agreement - breach of contract by lessee
entitles landlord to re-entry.
Katuku James & 8 Others Vs. Kalimbagiza 1987 75

Land Law - joint tenants - right of possession where person admitted as joint tenant
his right of possession interest title and time over land same as those of offered -entry
into land in his possession by any other person without his consent amounts to
trespass even if other co-tenant permitted entry.
Mayambala George Gilbert Kigozi Vs. Sentamu Joseph & Another 1987 68
Land Law - public land - customary tenure - occupation of - such part leased to
another person under Public Lands Act S.25 - occupier's had no opportunity to object-
leasing contravened rule of natural justice of audi alteram partern and certificate so
issued null and void.
Land Law - public land - customary ownership - occupation of - partion customary

owned and occupied leased in face of protest - registration procured to defeat
customary occupation - registration fraudulent certificate so obtained null and void and
cancelled.
Katongole Christopher Vs. Sewanyana Yusufu 1988-90 159

Land Law - customary tenant - trespasser - customary tenant not trespasser where
legal procedure for evicting him not complied with.
Jakana D. Vs. C. Senkaali 1988-90 167
Page 396
Land Law - mortgage - enforcement of rights - mortgagee to enforce rights under
Mortgage Decree No17 of 1975 only after registration of mortgage under Registration
of Titles Act (Cap.205) - where not registered cannot rely on Mortgage Decree.
Uganda Spinning Mills Ltd Vs. Placid Weli Iga 1988-90 144
Land Law - prescription - resistance to user - prescriptive claim can only arise where
user of land not result of force.
Khadir Juma & 10 Others Vs. Abdul Juma Marjin 1988-90 154
Land Law - delay in registering land after removal of caveat u/s 9 (3) of R.T.A. -
applicant to show that land was meant to be dealt with by way of sale mortgage or in
any other names and that a trust is to be breached.
Matovu Bulaimu, Simbizi Kalisit, Wagwaeku & Kayinda Vs. A.G. & Namunyumya 1991 88
Land Law - public land - resumption for public purpose - eviction - any person evicted
from public land by the government is entitled to compensation.
D. Jakana Vs. C. Senkaali 1991 104

Land Law - mortgagee - enforcement of rights - mortgage to enforce rights under
Mortgage Decree No. 17 of 1975 and after registration of mortgage under Registration
of Titles Act (Cap.205) - where not registered cannot rely on Mortgage Decree.
In the matter of Mailo Register Kyandondo Block 13 Plots Nos. 95, 699 and 699
land at Najjanankumbi And In the Matter of Habib Lubwama 1991 74
Land - registered land - consequential orders - whether a Magistrate Grade II
empowered to make orders for restoration of land.
Mpagazihe & Baryabishubamu Vs. Nchumisi 1992-93 148

Land Law - bonafide purchaser - limitation - Limitation Act operates to defeat even
bonafide purchaser from those whose claim over land is statute barred.
Land Law - bonafide purchaser - vendor without letters of administration - failure to

inquire from the vendor he has letters of administration defeats the defence of bonafide
purchaser.
Rwakijaju Frank Vs. Kaboyo 1992-93 165

Land Law - breach of oral contract of sale of land - appropriate remedy is damages for
breach of contract.
Land Law - sale and transfer of land - oral agreement of sale of land whether
enforceable by specific performance.
Hariprasad Ramabai Patel Vs. Babubhai Kalidas Patel 1992-93 137

Land Law - certificate of title - proprietorship conclusive evidence as to proprietorship
of land - s.56 of Registration of Titles Act Cap. 205.
Semakula Drake Francis Vs. Noordin Charania Walji 1992-93 121

Land Law - expropriated properties - illegal acquisition - remedy for persons who
acquired properties which had been wrongfully / illegally expropriated lies against
Departed Asians Properties Custodian Board.
Page 397
Land Law - leases - ring of re-entry - the right of re-entry may be exercised under s.102
and 105 of the R.T.A. or the express terms of the lease agreement.
Karim Sarah Vs. Chief Registrar of Titles 1992-93 110

Land Law - incumbrance - absence on title - absence of an incumbrance on record
entitles one to pass good title - bona fide purchaser for value - s.189 of the R.T.A.
Land Law - summons to Registrar of Titles - right to show cause - right to summon
Registrar before court to substantiate her actions.
Kaloli Kaggwa Vs. Kityo Ester 1992-93 130

Land Law - leases - effective date of the lease - how it is reckoned retrospective
registration of lease agreement.
Land Law - leases - land occupied by customary tenants - effect of land title and lease
executed on land already occupied by customary tenants (bibanja owners) - bringing
land under R.T.A. section 34 - duty of lessee of land occupied by customary tenants-
compensated under ss.3(v) and 7 of the Land Reform Decree when applicable.
Land Law - leases - lessee - lessee of land occupied by customary tenants - lessee
takes it subject to existing encumbrances on land.
Butagira Francis Vs. Namukasa Deborah 1992-93 98

Land Law - breach of covenants - enforcement - only controlling authority to enforce
breach of covenants contained in lease.
Land Law - leases - lack of consent to transfer lease - effect of transaction avoidable
not null and void - s.22(5) (c ) of the Public Lands Act.
Land Law - leases - proviso for re-entry on non-payment of rent regarded in equity as
security for rent and provided lessor put in same position as before lessee entitled to
be relieved against forfeiture on payment of rent and expenses to which lesser has
been put.
Land Law - leases - relief against forfeiture - of Judicature Act concerned with relief
against forfeiture for non - payment of rent only and not for breach of other covenants
in lease. Relief against forfeiture for other breaches provided under s.32(1) and (5)
of Public Lands Act.
Land Law - re-entry - enactment - action for damages for enactment of by lessor against
lessee - whether maintainable - s.184 of the Registration of Titles Act.
Mbazira Badiru Vs. Abasagi Nansubuga 1992-93 241

Land Law - Limitation Act - customary tenure - whether it applies to customary
landholding.
Semusambwa James Vs. Mulira Rebecca 1992-93 177

Land Law - limitation of actions - whether suit for claim of right on land can be
institution after the expiration of 12 years the date the right to the arose.
Ssali Pontiano Vs. Kibirango Gerald 1992-93 216
Page 398
Land Law - registered land-vesting order - when may be made.
Rwakijaju Frank Vs. Kaboyo 1992-93 165
Land Law - breach of oral contract of sale of land - appropriate remedy is damages
for breach of contract.
Land Law - sale and transfer of land - oral agreement of sale of land whether
enforceable by specific performance.
J.W.R. Kazzora Vs. M.L. S. Rukuba 1994-95 58

Land Law - caveat - whether Registration of Titles can register a change in proprietor-
ship if caveat still subsisting.
Land Law - Registration of transfer - whether cannot be done when there is an

intending suit against the transfer.
Land Law - caveat - whether caveator can lodge another caveat on the same property
and about the same interest once the earlier one has lapsed.
Land Law - bonafide purchaser - whether respondent was a bonafide purchaser for
value of the property of which he had notice of a caveat by a third party.
Land Law - Registration of Titles Act - when is notice to caveator presumed to have
been received.
Land Law - what amounts to fraud in regard to sale of land.
Saku Paul Kiseka Vs. Seventh Day Adventist Church Association of Uganda. 1994-95 48
Land Law - S.4 of the Land Reform Decree 1975 - whether a purchaser can acquire
title lawfully when no permission has been obtained from the prescribed authority.
Kampala Bottlers Ltd Vs. Damanico (U) Ltd 1994-95 49

Land Law - certificate of Title conclusive evidence of ownership - S.184 of the
Land Law - s.56 of the Registration of Titles Act - whether lack of grant is ground to
impeach title of a registered proprietor.
Land Law - fraudulent act - transferee must be attributable.
Tanna Gakaldas Laximidas Vs. sr. Rosemary Munyinza & DAPCB 1994-95 53
Expropriated Properties - sale of mortgaged property - whether the sale and transfer of
the suit property to the appellant was nullified by the provisions of section 1 of the
Expropriated Properties Act of 1982.
In the matter of an Application for extension of a caveat by Muluta Joseph 1994-95 94

Land Law - caveat - extension of caveat - s.149 (3) RTA - caveat to be extended only
if security is given or a sum of money lodged in court as sufficient for indemnifying
persons adversely affected.
In Re: an application by Mustafa Ramathan And In the matter of order of

certiorari and for prohibition. 1994-95 91
Page 399
Land Law - expropriated properties - person dissatisfied by decision of the Minister
should appeal against decision.
Land Law - expropriated properties - certificate authorising repossession sufficient
authority for Registrar of Titles to transfer the title to the former owner.
Kalani Stephen Vs. Kaur Stewart (Mrs.) 1996 45

Land Law - Expropriated properties - dealings in property belonging to a departed
Asian after 1973 - whether dealing nullified by Expropriated Properties Act (1982).
Land Law - Expropriated properties - which properties became vested in Government.
Land Law - instrument of surrender of lease - when effectual - whether ineffectual

before registration - s.51 Registration of Title Act.
Katatumba Bony Mwebesa Vs. Attorney General 1996 51

Land Law - Expropriated Properties - challenging ministers decision of issuing
repossession certificate - procedure - whether proper procedure is by way of Appeal -
Expropriated Properties Act, 1982.
Kalani Stephen Vs. Stewart Kauri 1997 21

Land Law - expropriated properties - surrender of leasehold by Asian lasses before
departure - non - declaration of interest before departure - whether property subject to
Decree No.27 of 1972 and Act No.9 of 1992.
Land Law - instruments - instrument of surrender of lease - whether such instrument

effectual as between the parties thereto before registration.
Standard Chartered Bank (U) Ltd Vs. Grand Hotel 9U) Ltd. 1997 50
Land Law - Mortgages - the correct procedure to determine the mortgagee's right is
by way of Originating Summons.
Nakedde Imelda Ndiwalungi Vs. Roy Busuulwa Nsereko & Another 1997 73
Land Law - fraud - what amounts to fraud in order to invalidate title.
LAW APPLICABLE
LAW REFORM
Criminal Procedure -power of court to order youthful offender to be sent to
reformatory school s.5(1) of the Reformatory Schools Act-meaning of youthful
Page 400
offender s.2 of the Act-need for trial court to conduct inquiry and ascertain age of
accused before making order-s.8(1) of the Act-accused above 18 years order to
go to reformatory school-whether order-sentence-whether sentencing youthful
offender to imprisonment first was a condition precedent to an order sending him to
reformatory school s.5(1) of the Act-Law Reform-conflict of laws s.5(1) of the
Reformatory.

Criminal Law-attending suicide s.203 of the Penal Code-sentence-imposition of
imprisonment-whether proper remedy-Law Reform-whether probation order or
whether there was need to retain attempting suicide as an offence in the Penal
Code.
Mustafa Ali Vs. Sango Bus Company 1975 91

Tort-fetal accident claim-whether a brother of deceased had a cause of action ss.7
and 8 of the Law Reform (Miscellaneous Provisions) Act-Law Reform - Civil
Procedure -rejection of plaint-O.7 r.11 (a) -whether plaint in a fetal accident claim

Tort - fatal accident claim under the Law Reform (Miscellaneous Provisions Act-
Law Reform-assessment of damages-whether funeral expenses recoverable -
Hawaga Samuel Vs. Christopher Bisutu 1974 154

Insurance -Traffic and Road Safety Act 1970, s.32(2) - application by originating
Chamber Summons for an interpretation of that section-whether liability to N.I.C.
limited to shs.100,000= - need for law reform.

age.

Law Reform - conflict of laws-Magistrates' Courts Act, 1970, s.190 and Reformatory
schools Act (Cap.III) s.5-Conflict as to sentence to be imposed - need for reform.
LEGAL DRAFTING
Larco Concrete Products Ltd Vs. Tansair Ltd. 1987 39
Legal Drafting - documents - ouster of High Court jurisdiction - High Court jealously
Page 401
guards its jurisdiction and instructions doing so to be clear and in uncertain terms -
even where exclusive jurisdiction conferred to foreign court High Court has discretion
whether or not to order stay of action.
Legal Drafting - rules of construction - "non exclusive" jurisdiction - means jurisdiction

which does not shut out or which admits other jurisdictions.
Kivumbi Sarah Vs. Betty S. Matovu 1992-93 132

Legal Drafting - rules of construction - whether a lager statute could have the effect of
amending an earlier one.
LEGAL REDRESS
Katongole Christopher Vs. Sewanyana Yusufu 1988-90 159
Legal Redress - declaratory judgment - applicability - eviction case - where conclusive
declares pre-existing rights of parties without appendage of exertive decree not
applicable.
LEGISLATIVE DRAFTING
Legislative Drafting - statutory interpretation - validity of statutory instrument -
instrument to be considered in relation to parent act - material difference between
provisions of s.22(4) of Interpretation Act (Cap.16) and s.18(4) of Interpretation
LICENCING
1969-plea of guilty -whether qualification of plea for leniency makes plea equivocal-
change of plea of guilty -whether court can permit accused to change plea after
conviction but before sentence-whether court functus officio-meaning of "conviction"-
Magistrates' Courts Act, 1970, ss.122(2) and 131(1).

and Price of Goods Act and Statutory Instrument No.21/72 and Decree No.1/72,
scope of Distribution and Price of Goods Act-S.I. No.21/72. Trading without
licence c/s 7 and 27(1) of Trade Licensing Act, 1969-butchers-whether regulated
by Trade Licensing Act, 1967 or Public Health Act.
LIMITATION
Orono Yowana Vs. Olowo Okong 1975 44
Civil Procedure - trial magistrate making no notes of his observation at locus in
quo and proceedings to hear the case in the absence of the defendant No.2 who
was not served with nay process to attend court- whether trial properly conducted-
land dispute-service of summons and hearing notice.
Page 402

Land Law-Customary Land law -Encroachment on Land -Limitation of actions for
Limitation of actions at seven years-whether resolution has force of law-order made
by Magistrate without being prayed for-whether proper.
Olowo Alexious Vs. Ignatiyo Akenya 1974 207

Land Law -possession of land under customary tenure-whether Limitation Act
applicable.

administration of estate-whether there was limitation period for registration of land.

Traffic -motor accident-respondent filed a suit against appellant corporation as
nominal defendant under s.40 of the Traffic and Road Safety Act, Act 38 of the
1970-damages for injuries as pedestrian-vehicle unidentified due notice given to
N.I.C. as required by s.44 (2) of the Act-plaint incomplete -non-compliance with
Civil Procedure and Limitation Act 20 of 1969.

Kintu Nambalu Vs. Efulaimu Kamira 1975 222

Civil Procedure-limitation of actions to recover land-Customary land tenure-Doctrine
applicable to above suits-Limitation Act (Cap.70), s.6 - meaning of limitation -
distinction between limitation and prescription.
Land Law - Customary land tenure-acquisition of title - grant of land by Chief and
grant by temporary occupation licence valid grants and confers title -Land not
permanently deserted if occupier forced to vacate by outbreak of sleeping sickness
and plaque.
Namuddu Mary Vs. Administrator General 1975 221

Civil Procedure -Third party notice-application for leave to issue a third party notice
Page 403
under O.1 r.14 of the Civil Procedure Rules-Actions against or involving public
corporations under Civil Procedure and Limitation (Miscellaneous Provisions) Act,
1969 and Traffic and Road Safety Act, 1970.
Uganda Journalists Safety Committee & Anor Vs. Attorney General 1997 43
Limitation of actions - Constitutional Petition - within 30 days after date of breach
complained of in petition - whether in matter of interpretation of constitution time limit
should be disregarded.
LOCAL ADMINISTRATION
Land Law-Customary Land law-Encroachment on land-limitation of actions for
limitation of actions at seven years - whether resolution had force of law-order
made by magistrate without being prayed for -whether proper.
MALICIOUS PROSECUTION
Malicious prosecution - Civil Procedure and Limitation (Miscellaneous Provisions)
Act, 20 of 1969-whether action time-barred-whether cause of action arose on
limitation.
Tirwomwe J. Vs. Stanley Kanyoko & 2 others 1972 57

Malicious prosecution-adjournment of proceedings-whether convenience of
counsel was sufficient ground for granting adjournment.
Rahamtulla Alaudin Vs. Uganda Bookshop Ltd & anor 1972 90

Malicious prosecution-ingredients of tort-assessment of general damages.

Wrongful arrest, false imprisonment and malicious prosecution-effect of Civil
Procedure and Limitation (Miscellanous Provisions) Act s.2-lack of reasonable
and probable cause-onus of proving such on defendants-malice-onus of proving
such on plaintiffs-whether could be inferred.
Semakula Edward John Vs. East Africa Railways Corp. 1973 211
Negligence-injury to employee by falling crate-duty of effective supervision-injury to
skull and nose - assessment of general damages.
Kayuki Samwiri Vs. Attorney General 1973 211

Negligence -contributory negligence-assessment of general damages or personal
injuries -minor injuries.
Shokatlali Hussien Lalji Vs. Maganlal Purshotan Parmar & anor 1973 142
Application by notice of motion for an order striking out a plaint as incompetent-
plaint signed by an advocate who had no right of audience before the High Court-
what was a right of audience-s.2 of the Civil Procedure Act -O.6 r.25 of the
Civil Procedure Rules-s.7 of Advocates Act, 1970-Regulation12 of the Advocates
(Enrolment and Certification) Regulations 1971.
Page 404
Malicious prosecution-Civil Procedure and Limitation (Miscellaneous Provisions)
Act, Act 20 of 1969 - whether action time-barred -whether cause of action arose on
commencement or termination of prosection-duty to plead facts to show limitation.
Bijugo Benard & Another Vs. The Attorney General 1975 370
MANDATORY
Uganda Vs. Musa Katuramu & 2 others 1970 48
Mandatory orders under s.321A(1) of the C.P.C.and s.273(3) of the Penal Code
Act not made by trial court-police supervision and compensation orders.
MANSLAUGHTER
Joyantilal Chotabhai Patel Vs. Uganda - self defence 1972 50
Manslaughter c/s.182 of the Penal Code - self defence.
Uganda Vs. Kabanza & Anor 1975 362
Uganda Vs. Lwasa & 2 Others 1975 363
Uganda Vs. Sebanu 1975 363
Uganda Vs. Okoti & 4 others 1975 364
Uganda Vs. Iiatum & another 1975 364
Uganda Vs. Opus w/o Ojakala 1975 365
Uganda Vs. Muzinya & Others 1975 396
Uganda Vs. Ochou 1975 66
Uganda Vs. Sumbusa & 3 Others 1975 66
Uganda Vs. Lumondo 1975 66
Uganda Vs. Nanyanzi 1975 67
Uganda Vs. Achanda 1975 67
Uganda Vs. Openji & Another 1975 68
Uganda Vs. Kangye 1975 68
MATRIMONIAL JURISDICTION
Tatiana Victorovina Thusova Adebiyi Vs. Adebeyi Adesola Adenji 1991 80
Matrimonial Jurisdiction - both parties non-Ugandans - marriage not solemnised
in Uganda - petitioner domiciled in Uganda - whether Ugandan courts have jurisdiction.
Page 405
MISJOINDER
Uganda Vs. Isabirye Wandera & 3 ors, Uganda Vs. Alasidi Kafuko & 4 ors
Uganda Vs. Wani Dembo & 6 others, Uganda Vs. John Otaido & 4 others
Uganda Vs. Isabirye Matege & anor. 1970 92
Charge-misjoinder-failure to pay graduated tax-more than one accused charged
jointly in same count.
Uganda Vs. Mwirizibwa Kikulube & anor 1970 128

Charge-misjoinder -failure to pay graduated tax-more than one accused charged
jointly in same count.
Uganda Vs Gaitana Ojii and Binansio Olwoch 1970 220

Charge of two accused on the same charge sheet-offences committed on
different occasions-illegal imprisonment in default of payment of fines.
MOTION TO QUASH
Uganda Vs. No.UA.4013 Pte. Hillary Ocaki & 2 others 1970 31
Criminal Procedure (Summary of Evidence) Act, 1967-motion to quash
indictment omnia praesumuntur rite esse acta.
MURDER
Uganda Vs. Matama Elifazi 1971 276
Cause of death - common intention, onus of proof conviction on a minor cognate
offence.
Uganda Vs. Warule s/o Namurula & 3 others 1971 308

Common intention to execute unlawful purpose.
Uganda Vs. Lukasi Omondi 1971 309

Self-defence and Provocation-case where elements of both provocation and
self-defence exist.
Uganda Vs. Leo Nasaba and Waibi 1971 275

Intention to kill-assault leading to death - to establish murder, intention to kill
must exist.
Uganda Vs. Teoldolo Kaburabura 1971 308

Defence of insanity-onus of proof on the accused to prove insanity on a balance
of probabilities.
Uganda Vs. Anjelo Onama 1972 166

Murder c/s. 183 of Penal Code-Incomplete tale-Accident-possibility of provocation-
Manslaughter c/s. 182 of Penal Code.
Uganda Vs. Aventore Ovu 1972 143

Murder-insanity -whether the mental state of the accused at the time the act was
committed could be agreed under section 64 of the Trial on Indictments Decree
(No.26 of 1971).
Page 406
Uganda Vs. Festo Bazzo & anor 1972 222
Murder - circumstantial evidence-accused found in possession of deceased's
property - murder presumed if all the circumstances of the case pointed to no
other reasonable conclusion-criminal practice and procedure - witness attacked
in cross examination-advocate failed to call evidence to show the basis for such
attack-practice deplorable.

Murder-Defence of insanity - burden of proof.
Uganda Vs. Deziderio Kintu & anor 1972 249

Theif beating
Murder c/s 183 of Penal Code-Thief beating - accused last person seen with
deceased-credibility of witnesses-Judicial Notice of general hostility to thieves.
Uganda Vs. B.Ssali 1972 16

Murder c/s. 183 of the Penal Code - acceptability of the accused's confession
made by the accused to the police.
Uganda Vs. Kayingi Deograsiya & 4 others 1972 196

Theif beating
Murder c/s.183 of Penal Code Act-Fatal blow-common intention -assault
occasioning actual bodily harm c/s. 228 of Penal Code.

Murder c/s. 183 of Penal Code act-circumstantial evidence-common intention-
of Penal Code.
Uganda Vs. John Mulaga 1972 170

Murder c/s. 183 of Penal Code-evidence-prima facie case-accused last person
seen with deceased-absence of motive.
Uganda Vs. Musene Swata 1972 201

Theif beating
Murder c/s 183 of Penal Code-Thief-beating -common intention -Fatal blow-
causing death-manslaughter.
Uganda Vs. Zefaniya Mayinja & others 1972 16

Theif beating
Murder c/s.183 of the Penal Code - common intention-manslaughter c/s.182 of
the Penal Code.
Uganda Vs. Abdu Muherwa 1972 168

Theif beating
Murder c/s.182 of Penal Code-Failure to prove malice aforethought-theif killing-
powers of arrest -excess force in effecting arrest-manslaughter c/s.182 of Penal
Code - Criminal Procedure Code s.28.
Page 407
Uganda Vs. Nambwegere s/o Rovumba 1972 203
Murder c/s.183 of Penal Code-Provocation-self defence-belief in witchcraft -
manslaughter.
Uganda Vs. Fabiano Mukama 1972 204

Murder c/s 183 of Penal Code-failure to prove malice aforethought-self defence &
defence of property -whether homicide justifiable.
Uganda Vs. Mubiru 1975 226

Criminal Law-Murder-self defence-principles applicable -provocation-ss.187 and 183
of the Penal Code -codification of common law principles of provocation by s.188 of
the Penal Code -Use of a spear on the most vulnerable parts of the body.
Uganda Vs. Nestore Onenchan 1975 365
NATURAL JUSTICE
Lugalambi Francis Vs. Masaka District Administration 1971 139
Administrative law-natural justice-right to be heard.

Natural Justice-accused convicted of theft in his absence.
Uganda Vs. Dominiko Walusimbi 1971 131

Uganda Vs. Pantaleo Sseguya 1971 132

Natural justice -right of accused to be heard.
A.M. Jabi Vs. Mbale Municipal Council 1975 190

Contract-employment-wrongful dismissal - right of employer to dismiss employee-
cause and reasonable notice-summary dismissal of employee on permanent terms-
conditions to be satisfied-staff regulations governing employer/employee relationship
duty on employer to observe regulations before dismissal-natural justice-need for
fair hearing before dismissal-proper remedy in case of wrongful dismissal -
damages-assessment.
Uganda Vs. Sezere Unyutha 1975 247

Criminal Law-Contempt of court - conduct amounting to contempt - improper
standing talking and refusing to answer questions by accused during court
proceedings - whether contempt
Criminal Law-sentence-contempt -sentence for contempt under Penal Code, s.101(2).
Natural justice-maxim "justice must not only be done but it must be seen to be
done"-offended magistrate trying contempt of court case-maxim violated.
In the matter of Butambala Farmers & Suppliers And Uganda Land Commission
Nature Justice - right to be heard - abrogation of applicant's rights in land by Land
Commission on suspected forgery - applicant not heard - no investigations carried
Page 408
out before abrogation - applicant's request to be heard, refused - applicant had
surveyed land and developed it - breach of natural justice.
Matovu M., Mulindwa J. & Munyanga J. Vs. Sseviri & Uganda Land Commission 1979 174
Natural Justice - principles of natural justice - audi alteram partem must be observed
by both judicial and administrative tribunals - fair play - lack of fair play where
administrative agency responds to party before it improperly - improperlity and
craftiness in assisting one party as evidence unfair play 0 effect of a decision arrived
at in breach of natural justice - remedies - impeachment of title R.T.A. s.56 -
cancellation of title - R.T.A. s.185
Principles of Nature Justice - complainant magistrate charged and tried acused for 1981 6
contempt of court c/s.101 (1) (a) of the Penal Code Act - accused showed disrespect
in speech with reference to the proceedings and the Magistrate presiding - whether
principles of Nature Justice that no man should be judge in his own cause violated.
NEGLECT
Baziriyo Masizi Vs. Uganda 1970 73
Neglect to provide food for children, s.153 Penal Code-maintenance orders made
without jurisdiction.
Uganda Vs. Samuel Nseera 1973 80

Neglecting to provide for child c/s. 153 of the Penal Code - power of magistrate to
make order for payment for maintainance.
NO CASE TO ANSWER
Uganda Vs. Ahamed Byekwaso 1970 208
Finding of no case to answer before close of prosecution case -trial magistrate
framing charge against complainant-misuse of judicial powers.
NOTICE OF INTENTION TO SUE

Lyakiye Vs. Attorney General 1973 48
Civil Procedure - no signature on notice of suit against government under s.1 of
Civil Procedure and Limitation (Miscellaneous Provisions) Act.
NOTICE OF MOTION
V.F. Castelino Vs. Leo Rodrigues 1973 27
Application by notice of motion for leave to defend in suit under O.33-grounds
of notice annexed thereto-whether notice in proper form-whether appellant might
file a supplementary record of appeal-use of English procedural forms-strictness
of procedure.
Commissioner General of Customs & Exercise, E. A Vs. Home Garments Ltd 1973 125
Court-Rule 42(2) of the Court of Apeal Rules 1972-whether appeal could be heard
by one judge-s.5 of the Court of Appeal for Eastern Africa Act Cap.5-Rule 52(1) of
the East Africfan Court of Appeal Rules 1952-time within which application had to
made-Rule 39(b) of the Rules-suit a already dismissed by court-whether
application was proper procedure in circumstances.
Page 409
PARTNERSHIP
Victor Vaz Vs. B.K. Bataringaya & 5 others 1971 297
Declaration of dissolution of partnership-loss of prospecting licence issued to the
partnership under the Mining Act (Cap.248,Laws of Uganda)-Preliminary objection.
Prabhudas Girdharbai Zala Vs. Jitendrakumar Manubhai Patel 1971 50

Partnership - nature and dissolution of, s.36 Partnership Act.
In the matter of Mbale Sound Merchants Vs. In the Matter of Mbale Sound 1971 14
O.34 r.8-originating motion improperly brought by way of ordinary summons-
application incurably defective.

Plaint-allegation of facts jurisdiction, O.7 r.1(f) - particulars, function and adequacy
of, O.6 r.17.

Application by notice of motion under the O.9 rr.20 and 24 to set aside an ex-parte
decree-notice of appeal to C.A.C.A. filed-whether High Court has jurisdiction.
Nzirane Vs. Latia Lukwago 1971 75

Application to amend plaint O.6 r.18-whether proposed amendments relate back
Limitation Act.
Malimbo Zeverio Vs. Mukwayo Asanansio & anor 1971 118

Appeal - memorandum of-sufficiency of under O.39, r.1(12), Civil Procedure Rules.
Dauba Girado Vs. Alam & Sons (U) Ltd 1971 115
Application to set a side dismissal of suit in default of apperance sufficient cause
under O.9 r.20 - inherent power of court-time for application.
Karakwempe Vs. Kosiya Kabonero 1971 123

Application under s.230 of the M.C.A. for the transfer of a civil suit filed before a
Grade II Magistrate to the High Court.
Kaggwa Livingstone Vs. Sohan Singh & Co. & Sohan Singh Phull 1972 229
Correct title of defendant firm in suit.
Kabasharira Perezi & anor Vs. P.M. Kakooza & Co. 1973 206
Partnership-dissolution of - surving partners unable to operate bank account-
whether should be dissolved under s.39(f) of the Partnership Act.
Mparana Grace King Vs. Eliphas A.M. Toskin 1973 182

Partnership dispute-dispute as to existence of partnership-corret form of suit to
decide issue-whether plaint disclosed cause of action-Civil Procedure Rules, O.6
r.29-partnership Act, s.39(f)-injunction-whether notice necessary on other party-
whether mandatory or restrictive inunction should be granted-preservation of status
quo-whether injunction could be granted in relation to an agent of the party -Givil
Page 410
Procedure Rules, O.37 r.3.
UCB Vs. W.G. Wanendeya, E.W.Wamboge & James Kissessi 1976 33

Partnership -liability of partners-joint liability for acts authorised by partnership deed-
two partners entered into loan agreement to bind firm-Partnership deed forbade partner
from entering agreement without consent of others where risk of loss exceeded 100/-
partner neither aware nor consented - whether act authorised - whether other partner
firm liable for repayment.
Partnership - Limit of contribution expressly fixed in partnership deed - some partners

incure liabilities exceeding total sum of contribution - whether common law rule that
firm would not be bound applies.
Partnership - relations of partners to 3rd parties-effect of notice that firm will not be
bound by acts of partner-Money advanced after copy of partnership deed given to
plaintiff - prohibited such transaction-plaintiff deemed to have had notice of contents
of agreement - firm and other partner not liable.
PERSONATING
Muhamed Shiek s/o Mwandin Vs. Uganda 1972 76
Personating a person employed in the Public Service c/s 87(b) of the Penal
Code -obtaining money by false pretences c/s 289 of the Penal Code - powers
of appellate court-s.331(2) (b) of the C.P.C-substituted conviction - demanding
money with menaces with intent to steal c/s 279 of the Penal Code.
Muhamed Sheik s/o Mwandin Vs. Uganda 1973 76

Personating a person employed in the Public Service c/s 87(b) of the Penal Code-
obtaining money by false pretences c/s 289 of the Penal Code-power of appellate
court-s.331(2) (b) of the C.P.C.-substituted conviction - demanding money with
intent to stela c/s 179 of the Penal Code.
Kibiswa Vs. Uganda 1976 182
Rwabaganda Farasia - Widow Vs. Donato Bahemurwabusha 1978 244
PLAINT
Kaaso Nathanael & Others Vs. Attorney General & Another 1975 194
Civil Procedure - plaint-whether disclosed cause of action-controlling authority-
meaning-s.54 of the Public Lands Act, 1969-occupier-whether entitled to
compensation-s.37 of the Public Lands Act, 1969-plaintiffs-whether properly joined-
advocate suing wrong party - costs-liability for.
PHARNACY AND POISONS

Uganda Vs. Kyamerwa Laulensio 1970 145
Offence c/s 26(2) Pharmacy and Poisons Act (Cap.173-particulars of offence
vague-plea-evidence of contents of container.
PLEA
Page 411
Uganda Vs. Wakibi s/o Sabakaki- equivocal 1970 29
Failure to pay graduated tax-Local Administration Act, s.69-equivocal plea.
Uganda Vs. Jevino Omara- equivocal 1970 29

Failure to pay graduated tax-Local Administrations Act, s.69 -equivocal plea.
Harmit Singh Vs. Uganda - equivocal 1970 29

Sections 152 and 154 of the Penal Code-equivocal pleas of guilty.
Uganda Vs. Stephen Nyanzi - equivocal 1970 219

Causing actual bodily harm c/s 228 Penal Code-plea of guilty equivocal.
Uganda Vs. Livingstone Kayizzi 1970 222

Failure to comply with licence to be at large c/s 50(4) Prisons Act-nature of
plea-effect of order of restoration of licence.
James Okumu Vs. Uganda 1970 28

Inquiries to be made before imposing sentence-s.214 C.P.C.
Baguma Thomas & anor Vs. Uganda. 1970 130

Sentence-where offender already serving sentence-suspension of sentence on
appeal -s.331(3) of the C.P.C. (as amended).
Uganda Vs. A.S. Jatt - unequivocal 1970 152

Plea of guilty under mistake of fact-conviction by Magistrate Grade III-appeal to
Chief Magistrate-whether appeal after unequivocal plea of guilty competent-s.324
C.P.C.-s.30(1)(b) M.C.A.
Gerald Kachere Vs. Uganda - unequivocal 1970 126

Plea-unequivocal pleas-firearms offences-proof of previous convictions where not
expressly admitted.
Uganda Vs. Livingstone Arok 1970 150

Plea of guilty to offence c/s 123 Penal Code-sentence for offence c/s122 Penal
Code-court's power to allow plea of guilty to be withdraw before sentence.
Mukasa Salongo Joseph Vs. Uganda 1970 185

Plea - guilty plea to aiding and abetting where principals plead not guilty - right
to withdraw plea.
Uganda Vs. Rwamushare 1970 220

Theft by servant c/ss 252 and 258 Penal Code - recording plea of guilty -
necessity for admission on every ingredient of the offence.
Uganda Vs. William Okila 1970 169

Wrongfully retaking land - s.101(1)(h) Penal Code-conviction not warranted on
facts.
Uganda Vs. Kyamerwa Laulensio 1970 145

Offence c.s 26(2) Pharmacy and Poisons Act (Cap.273) - particulars of offence
Page 412
vague-plea -evidence of contents of container.
Uganda Vs. Swaliki Sekindu - Omnibus 1970 72

Omnibus pleas and sentences where accused charged on 2 counts -improper.
Uganda Vs. Paulo Zizinga 1970 169

Assault-plea that accused was acting in self-defence wrongly accepted as plea of
guilty.
Harmit Singh Vs. Uganda-equivocal 1970 29

Sections 152 and 154 of the Penal Code-equivocal pleas of guilty.
Ogwal Joseph Vs. Uganda 1970 70

Plea of guilty to theft by public servant-whether words used in allocutus
amounted to retraction of plea of guilty.
Uganda Vs. John Mugisha - unequivocal 1970 72

Whether plea to deriving without permit under the influence of drink, unequivocal-
failure to order disqualification -s.41 Traffic Act.
Kyeyune Charles Vs. Uganda - equivocal 1970 148

Possession of housebreaking instruments -equivocal plea-no admission that
possession was without lawful excuse.
Uganda Vs. John Bukaine 1971 103

Plea of guilty - necessity of recording words used by accused, s. 207 (2) CPC
s.122 (2) Magistrates' Courts act 1970.
Kayira Polotaziyo Vs. Uganda - equivocal 1971 211

Plea- equivocal plea -robbery contrary to sections 272 and 273(1)(a) of the PC.
Uganda Vs. Christopher Lugaya. 1971 150

Plea - procedure for recording and acting on.
Uganda Vs. Saulo Chamusai - unequivocal 1971 107

Unequivocal plea no unlawful wounding-sentence of imprisonment on offender
aged 17, s.300A CPC (S.190 Magistrates' Courts Act, 1970).
Mukiibi Fenekasi Vs. Uganda - equivocal plea 1972 51

Breaking and entering a garage c/s.284 of the Penal Code - equivocal plea of
guilty -s.122 of the Magistrates' Courts Act, 1970-Bail pending appeal-s.216 of the
Mibulo Francisko Vs. Uganda - autrefois acquit 1972 218

Plea of autrefois acquit-discharge for non-appearance of prosecutor-whether
subsequent trial and conviction on same charge of rape barred-evidence in
rebuttal on appeal.
Uganda Vs. Aramanzani Kyengera 1972 22

Indecently assaulting a woman c/s. 122(1) of the Penal Code. Adequacy of the
Page 413
plea of guilty.
Uganda Vs. C. Clary 1972 55

Assault causing actual bodily harm c/s.228 of the Penal Code-whether unequvocal
plea of guilty-harm under s.4 of the Penal Code -excessive default sentence,
s.192(d) of the Magistrates' Courts act.
Kaliveri Ntamagezo Vs. Uganda 1972 106

Possessing a forged currency Bank jNote c/s. 336 of the Penal Code -simple
offence-recording plea of guilty-"I admit the offence" -whether plea unequivocal.
Uganda Vs. Kaabi Kakyiga 1972 277

Failure to pay Graduated Tax c/s. 69(3) of the Local Administrations Act, 1967-
Plea-I admit the charge-whether unequivocal - order to pay tax due-whether
proper.
Uganda Vs. Fabiano Agabali & anor 1972 279

Elopement c/s 121A(1) and 121a(2) of P.C.-plea of guilty -omission to admit
knowledge of marriage-whether plea unequivocal.
Uganda Vs. Musa Wambuzi 1972 280

Plea-plea of guilty to right section but wrong statute-whether plea proper.
Uganda Vs. Yakobo ajenga & 3 others 1972 281

Plea -Plea of not guilty to one count-withdrawal of the 2nd count-subsequent plea
of guilty to both counts-conviction on both counts-whether plea and conviction
proper.
Kasoro Joseph Vs. Uganda 1973 36

Appeal - conviction on plea of guilty-whether accused has right of appeal where
plea was equivocal -section 216(3) of the Magistrates' Courts Act.

Uganda Vs. Miiya Daniel 1975 177

Criminal Law-possession of prepared opium ss.65(1) and 76(3) of the Pharmacy
and Drugs Act, 1970-Charge - accused charged for possessing opium or Indian
hemp-charge bad for duplicity -plea-of guilty to a charge bad for duplicity-Conviction-
accused convicted on his plea of guilty before the report of the Government
Chemist was received.
Uganda Vs. Langole Lomanio 1975 180
Page 414
Criminal Law-charge of receiving or retaining property unlawfully obtained s.298(2)
of the Penal Code Act-whether there could not be theft where ownership of property
allowed to be stolen was not proved-charge sheet had no mention of theft-whether
plea of the accused property taken.

age.

PLEADINGS
POSSESSION OF FIREARMS
Uganda Vs. Christopher Kanyemora 1970 3
Possession of firearms and ammunition c/s 4(2)(a) of the Firearms Act-
forfeiture of firearms and ammunition under s.33 of the Firearms Act.
Gerald Kachere Vs. Uganda 1970 126

Plea-unequivocal pleas-firearms offences-proof of previous convictions where not
expressly admitted.
Ahamada Salongo Vs. Uganda. 1971 102
Firearms Act (Cap.310) - possession under-evidence-erroneous admission of
harmless error.
Uganda Vs. Lokiru s/o Loyitamoi 1975 366
POSSESSION OF SUSPECTED STOLEN PROPERTY

Kayongo Deziderio Vs. Uganda 1971 23
Possession of housebreaking Instruments c/s 285(b) Penal Code-dual purpose
Page 415
instruments (brunch of keys)-extend of burden on accused to establish lawful
excuse.
Uganda Vs. Benedicto Karerengabo 1971 24

Possession of suspected stolen property c/s 299 Penal Code-possession of
housebreaking instruments-extent of burden on accused-conviction under
section of Penal Code repealed and replaced-whether failure of justice
occasioned, s.347 CPC.
Kyeyune Charles Vs. Uganda 1971 40

Possession of housebreaking instruments c/s 285(1) (b) Penal Code-dual
purpose implements.
POSSESSION OF STOLEN PROPERTY

Uganda Vs. Tinkasimire 1970 144
Accused charged with offence c/s 298(1) of the Penal Code-conviction of offence
c/s 299 of the Penal Code o charge not amended - accused bound over and
sentenced to pay a fine.
Uganda Vs. Benedicto Karerengabo 1971 24

Possession of suspected stolen property c/s 299 Penal Code-possession of
housebreaking instruments-extent of burden on accused-conviction under
section of Penal Code repealed and replaced-whether failure of justice
occasioned, s.347 CPC.
Uganda Vs. William Wangalya 1971 277

Presumptions-Recent possession-duty of trial court to sufficiently direct itself
on the scope and limitation of the presumption.
POSSESSION OF UNCUSTOMED GOODS

Abdulkhali Abdal & anor Vs. Uganda 1971 109
Possession of uncustomed goods s.147(d)(iii) E.A. Customs Management Act-
no direction on burden of proof or guilty knowledge-s.167 of the Act.
PREROGATIVE ORDERS
In the Matter of Butambala Farmers & Suppliers And Uganda Land Commission 1977 307
Prerogative Orders - certiorari and mandamus - ex-parte application made under
Judicature Act 1967 ss.34 and 35 and S.I. No.1 under Cap.74 rule 3 for applicant to
prove that any or both orders should issue - applicant has to show prima facie case
that it is a case where orders should issue.
PRIVATE LEGAL PRACTICE

Total Uganda Limited Vs. Eric Kateera 1992-93 226
Private Legal Practice - advocates - capacity to practice in the High Court - pleading
signed by Advocate not entitled to practice in the High Court incompetent.
PROFESSIONAL CONDUCT
East Mengo Growers Co-operative Union Ltd Vs. National Insurance Corporation 1985 94
Professional Conduct - fictitious judgment -indemnity - where counsel causes party
Page 416
to incur expenses by fictitious judgment counsel to indemnify such party fully.
Odido Alphonse Vs. Lebel (E.A) Ltd & 2 Others 1987 58

Professional Ethics - Advocates - right of audience - meaning - in Advocates (Enrolment
and Certification) Regulation (S.I. 164/71) meaning not restricted to physical
appearance bit includes signing documents for filing in High Court.
Professional Ethics - Advocates - right of audience - where advocate's name on roll of

Advocates for less than 9 months has no right to physical appearance and no right to
sign certain documents for High Court.
Kasumba Habib Vs. Manir Ahmed Arain 1988-90 89

Professional Conduct - Advocates - Advocates as witnesses - where advocate has
personal involvement in Clients case and is required as a witness to give evidence
whether verbally or by affidavit cannot continue to appear as counsel - neither Court
nor Counsel has discretion in matter.
Dabule Ismail Vs. Mrs. Georgia Pantelakis 1991 49

Professional Ethics - Advocate - advocate involved in case - whether proper for such
advocate to appear.
Engula Charles Ogwal Vs. Attorney General 1991 109

Professional Ethics - costs - court awards costs against Advocates who does not
observe ethics.
Mayambala Ntege Vs. Mwanje Christopher 1992-93 125

Professional Conduct - advocate - Law Council Disciplinary Committee - nature of
proceedings - whether criminal - standard of proof - whether proof beyond reasonable
doubt.
Professional Conduct - advocate - sale of land - advocate acting for vendor - purchase
price paid by purchaser to advocate - abortive sale - fraud - liability of advocate - failure
to account for client's money contrary to Advocates (Professional Conduct)
Regulations, 1977, Reg. 7 (2).
PROSECUTION
Tort-whether a criminal record could be used as basis of a civil suit-prosecution by
a private person-whether private person entitled to claim costs incurred in the
prosecution -defamation - whether libel was actionable per se-damages.
PROPERTY LAW
Mugelule Yovani Vs. Dani Muginya 1975 116
Customary Law - claim for recovery of cattle entrusted to another party-whether
offsprings of such cattle recoverable-whether the party to whom cattle are entrusted
was entitled to compensation.
PROVOCATION
Uganda Vs. Anjelo Onama 1972 166
Murder c/s. 183 of Penal Code-incomplete tale-accident-possibility of provocation-
Page 417
manslaughter c/s.182 of Penal Code.

Courts Act-Provocation-whether applicable in cases other than murder.
Uganda Vs. Nambwegere s/o Rovumba 1972 203

Murder c/s 183 of Penal Code - Provocation -self defence-belief in witchcraft-
manslaughter.
Uganda Vs. Sooka Mukooli 1975 112

Criminal Law-murder s.183 of the Penal Code - deceased pushing accused aged
years - accused killing deceased in anger - whether such pushing constitute
provocation.
Uganda Vs. Maratino Opido 1975 113

Criminal Law-murder s.183 of the Penal Code - provocation whether threat of
witchcraft can amount to provocation - murder reduced to manslaughter.
PUBLIC LAW
Express Electrical Engineers Constructors Vs. UPTC 1979 55
Public Law - corporations - functions and powers - a statutory corporation can only
have and exercise those functions and powers as are conferred on it by the statute -
nothing in Decree 15 of 1977 allowing U.P. & T.C to be sued as agent of the E.A.P. &
T.C.
Public Law - rights of an individual - Decree 15/77 does not exempt U.P. & T.C. from
liability nor does it limit the liabilities incurred by the former corporation - procedure for
lodging claim against the former corporation.
Public Law - corporations - U.P. & T.C. caretaker of E.A.P & T - meaning of caretaker-
U.P. & T.C. not successor of the E.A.P. & T.C. - caretaker connotes temporary over-
seeing over the affairs or property of a mother.
Public Law - corporations - Uganda Posts and Telecommunications Corporation- 1979 56

whether Decree 15 of 1977 vests U.P. & T.C. with the liabilities of the East African
Posts and Telecommunications Corporation upon which it can be sued.
In the matter of s.33 of the Judicature Act, 1967 And application For a writ to
habeas corpus ad subjiciendum And in the matter of Bob Musoke 1979 222
Public Laws - Constitutional law - liberty and right of citizen-applicant detained on
basis of a letter signed for the Director of Intelligence directing the detention of the
appellant - whether such detention was valid.
In the matter sec. 33 of the Judicature Act, 1967 And Application by Gahakwa
Barinda for writ of Habeas Corpus Subjiciendum 1979 223
Public Law - Administrative Law - detention - order of detention not signed by the
President and shown that the President's power had been delegated to the Minister
alleged to have signed the order on behalf of the President - detention order not under
Page 418
public seal - whether the provisions of ss.1 and 2 of the Public Order and Security
Act, 1967, under which the order was made, complied with.
In the matter of s.33 of the Jurisdiction Act, 1967 And An Application for a writ
of Habeas Corpus ad Subjiciendum. 1979 225
Public Law - Constitutional Law - detention - applicant detained on detention order
signed by the Ag. President under the Public Order and Security Act, 1967, -whether
such order can be challenged.
Mugisa Amos Vs. Uganda 1979 271

Public Law - Administrative Law - delegation - delegation of the President's power to
make a detention order u/s. 1 of the Public Order and Security Act, 1967, s.12 of the
same act - whether such delegation must be made in accordance with the provisions
of the Transfer of Powers and Duties Act, Cap.20.
Public Law - Administrative Law - delegation - powers of the President - power of make
detention orders vested in the President by s.1 of the Public Order and Security Act,
1967 - power exercised and detention order made by the Acting President - whether
such detention order is valid.
Katabalwa John Vs. Uganda 1980 6

Public Law - Administrative Law - detention - authority to issue a detention order -
Public Order and Security Act 1967 - President has power to make a detention order
or to delegate such power to a Minister - mode of delegation - whether President is
required to comply with the provisions of the Transfer of Powers and Duties Act, 20
when delegation these functions.
Public Law - Administrative Law - execution power - acting in a public capacity is

evidence of title so to act, and raises a rebuttable presumption of due appointment -
ss.4 and 7 of the Interpretation Decree.
Public Law - Administrative Law - detention order - whether a detention can be

questioned in court - court has no jurisdiction to inquire into the grounds for a valid
detention order, but is not precluded from inquiring into sufficiency of the purported
Order.
Public Law - Administrative Law - validity of detention order - detention order issued by
Acting Minister of Internal Affairs - whether detention order is valid - whether order
invalid for not being served u/s.4 of Public Order and Security Act.
In the matter of detention of Mukiibi & Others (Applicants) 1980 16

Public Law - Administrative Law - detention orders - detention orders under s.13 of the
Public Order and Security Act 1967 - detention orders made under that Act not to be
questioned in court unless there is acceptable evidence that signature on the order
is not itself genuine or is invalid.
Public law - Administrative Law - delegation - President's powers to delegate authority

to sign detention orders u/s.12 of the Public Order and Security Act, 1967 -
requirements in the Transfer of Powers and Duties Act Cap.20) s.2(3) ought to be
complied with although they are not mandatory.
Page 419
Public Law - Administrative Law - Transfer of Powers and Duties Act s.3 - proviso
thereof - effect of an appointment made by the President under s.12 of the Public
Order and Security Act 1967.
In the matter of Sevumbi John - Applicant 1980 36

Public Law - Constitutional Law - fundamental rights - right to personal liberty -
provisions for detentions and restriction on movement of persons in the interests of
Public Order and Security - Public Order and Security act 20 of 1967 - Public Order
vis-vasa Security risk - provisions for tribunal to review detention orders-predicament
of detainees in circumstances where there is no tribunal for review - need for court
to summon and scrutinize record pertaining to detention - powers of court to examine
lawfulness or unlawfulness of detention order.
Public law - Constitutional Law - Habeas Corpus - Habeas Corpus ad Subjiciendum-
application on basis that detention order pursuant to Act 20 of 1967 was unlawful -
what is a lawful order under Act 20 of 1967 - powers of court in cases of unlawful
orders - whether application for habeas corpus impeded by provisions of the
constitution and Act 20 of 1967.
In the matter of Willy Darlington Kisembo And An application for a writ of

Habeas Corpus ed Subjiciendum 1980 62
Public Law - detention order - detention pursuant to the Public Order and Security Act,
20 of 1967 - whether detention order under Act 20 of 1967 could be subjected to
judicial review - delegation of presidential powers and duties under the Act - delegation
need not be in writing or by statutory order in the Gazette - statutory discretion under
the Transfer of Powers and Duties Act.
RAPE
Rape -need for corroboration of complainant's evidence-circumstantial evidence
Mibulo Francisko Vs. Uganda 1972 218

Plea of autrefois acquit-discharge for non-appearance of prosecutor - whether
subsequent trial and convictio on same charge of rape barrede-evidence in
rebuttal on appeal.
RECKLESS OR DANGEROUS DRIVING

Uganda Vs. Amisi Kairugavu 1970 4
Reckless or dangerous driving s.43(1) Traffic Act- duplicity in charge sheet-
doctrine of precedent-functus officio-conviction on lesser charge possible only
when findings of fact in judgment-question of law reserved for consideration by
High Court-s.19 Magistrates' Courts Act.

Causing death by careless driving c/ss. 116(1) and 138(2)(a)driving a motor vehicle
while under the influence of drink c/ss. 119 and 138(2) (b) of the Traffic and Road
Safety Act, 1970-concellation of driving permit.
RECONCILIATION
Uganda Vs. Yowabu Balikangira 1970 210
Page 420
Charge of indecent assault upon a female c/s 122(1) of the Penal Code-
reconciliation under s.177 C.P.C. - whether applicable for felony.
Uganda Vs. Eruneo Kayiwa 1972 4

Reconciliation in Criminal cases -s.156 of Magistrates' Courts act, 1970.
REFORMATORY SCHOOLS
Uganda Vs. Tomasi Senfuma & anor. 1970 50
Sentence of imprisonment on young offender-s.300A(1) of the C.P.C. read with
s.5(1) of the Reformation Schools Act.
Uganda Vs. Gabudiel Zabandula 1970 116

Order committing accused to Approved School-prerequisite for making order-
Approved Schools Act-Reformatory School order-prerequisite or making order.
Uganda Vs. Joseph Lubega 1970 1

Age of accused-effect on sentence-Reformatory Schools Act s.7-attitude of
magistrate to suggestion that the court might have been mistaken - functus
officio-ss.300A and 301(3) C.P.C.
Uganda Vs. George Mbine 1972 147

Threatening violence c/s.76(a) of the Penal Code-Reformatory Schools act, Cap.III-
section 5-extent of its application-section 190(1) of the Magistrates' Courts Act-
its interpretation in relation to section 300A (1) of the Criminal Procedure Code
which it replaced in identical terms.

Reformatory.
RIGHT OF APPEAL
Uganda Vs. Owino Fabiano 1970 125
Appeal against acquittal - right of private prosecutor-s.30 Magistrates' Courtr Act
Cap. 36.
ROBBERY
Uganda Vs. Disan Kabogoza 1970 130
Bail - robbery with aggravated -considerations.
Egwapu s/o Oukuru & 2 others Vs. Uganda. 1968 102

ROBBERY with aggravation-Section 272 and section 273 Penal Code-correct
form of charge-distinction between section creating an offence and section
providing punishment for same - in charge punishable under section 273(1) (a) of
Page 421
Penal Code the fact that offence committed on "public highway" must be both
alleged in the offence and strictly proved.
Uganda Vs. Musa Katuramu & 2 others 1970 48

Mandatory orders under s.321A(1) of the C.P.C.and s.273(3) of the Penal Code
Act not made by trial court-police supervision and compensation orders.
Yozefu Hubuha & 2 others Vs. Uganda 1970 115

Non-compliance with s.273(3) of the Penal Code and s.321A of the C.P.C.
Uganda Vs. Sembuze Paulo 1970 209

Charge of robbery-plea amounting to admission of office of theft from the person.
Nasuru Abdula Vs. Uganda 1970 167

Duress-s.16 Penal Code - proper direction.
Kabagambe Haruna Vs. Uganda 1970 146

Burden of proof - proper direction on question of untruthful evidence -doctrine of
recent possession-meaning of possession - s.4 of the Penal Code.
Uganda Vs. Muhamudu Magezi 1970 32

Sentence-robbery-offences committed on the same night in the same village in
similar circumstances-accused charged in separate cases.
Uganda Vs. Ahamada Sendijja 1971 20

Robbery c.ss 272 and 273(2) Penal Code-jurisdiction of Chief Magistrate-
conflicting decisions of High Court -s.157(4) MCA-particular of offence defective
for robbery punishable under s.275(2) - substituted conviction, s.341(1)(a) CPC
read with s.331(2)(b) CPC.
Byaruhanga J. Vs. Uganda 1971 26

Charge of robbery-conviction for assault with intent to steal c/s 275 Penal Code-
whether latter offence "minor and cognate" to former within meaning of s.180
CPC.
Sebastiano Kahidi and Bassajja s/o Budaki Vs. Uganda. 1971 39

Article 15(4) of the Constitution-whether penalties severer in degree than maximum
penalty that could have been imposed when offence committee.
Susagi Henry Vs. Uganda 1971 40

Identification of appeallant in "bright moonlight" - appellate court taking judicial
notice of information to the contrary contained in almanac.
Mukwana s/o Wekoye Vs. Uganda 1972 19

Robbery c/ss.272 & 273(1) Penal Code. Discrepancies of evidence of
complainant and other witnesses-corroboration -delay in trial proceedings.
Nakamusana Lule Vs. Uganda 1972 43

Robbery c/ss. 272 and 273 (1) (a) of the Penal Code-attempt robbery c/s. 274(1)
(a) of the Penal Code-admissibility of confession - proof of police.
Page 422
Yusufu Waswa & another Vs. Uganda 1972 75
Robbery c/ss.272 and 273 (1)(a) of Penal Code - use of deadly weapon-jurisdiction
discretion of D.P.P. to choice of venue.
Mukasa Edirisa & 3 others Vs. Uganda 1972 18

Robbery c/ss.272 & 273(1) (a) Penal Code-taking evidence of co-accused into
consideration at a joint-trial s.28 Evidence Act, Identification.
Goloba Yasimasi Vs. Uganda 1972 107

Robbery c/ss.272 & 273(1)(a) of the Penal Code-identity of accused from torch
light-evidence of consistency-credibility of witness-whether specific reasons must
be given for rejecting accused's defence.
Uganda Vs. Edward Matabalo & anor 1972 165

Robberty c/ss.272 & 273 (2) of Penal Code Act-identificationby single witness-
danger of acting on such evidence-use of a gun-whether deadly weapon used.
Kyeyune George Vs. Uganda 1972 217

Robbery-identification by a single witness-lack of ample opportunity for a correct
identification.
Waswa Yozefu & another Vs. Uganda 1973 75

Robbery c/ss. 272 and 273 (1) (a) of Penal Code-use of deadly weapon-jurisdiction-
discretion of D.P.P. to choice of venue.
Uganda Vs. Joseph Sempala Mukasa 1975 211

Criminal Law-Recent possession of stolen property - doctrine rises presumption
that accused thief or guilty receiver until presumption rebutted-court to consider
factors as nature of property stolen, whether transferable and accused's occupation.
Criminal Law-Robbery proof of offence-that accused armed with deadly weapon

not enough but must be proved that weapon threatened to be used - Penal Code
Act s.272 and Penal Code (Amendment) Act, s.273.
Owori Kenan & Stephen Olwori Vs. Uganda 1975 225

Criminal Law-Robbery - Proof of offence-use of violence -Holding with force and
slapping sufficient violence to support charge of robbery-standard of proof to be
beyond reasonable doubt.
Criminal Law - Estoppel - circumstances where doctrine applies.
Muboni & Another Vs. Uganda 1975 366
Asaba & Others Vs. Uganda 1975 398
Mugisha Zidoro Vs. Uganda 1976 38
SALE OF GOODS
Uganda Vs. Kesi Kabyanga 1972 173
Selling goods at more than the maximum price c/ss.6 & 7 of the Distributing and
Page 423
Price of Goods Act as provided by S.I. No.21/71-Price Control Order 1971-
enhancing sentences -whether Decree would be construed retrospectively.
Uganda Vs. Peter Teruti 1972 179

Distribution and Price of Goods Act-sales of hoe at more than maximum price
c/s.6 of the Act and ss.7(1) and 19 of Decree No.1 of 1972 -whether offence
disclosed - whether phrase "shall be liable to" was a mandatory provision.
Uganda Vs. Bitu Nangobi 1973 102

Selling sugar at more than prescribed price c/s 6 of the Distribution and Price of
Goods Act & S.I. 101/72-conviction on own plea of guilty -sentence fine of Shs.40-
petition by D.P.P. against inadequate sentence and failure by magistrate to order
cancellation or accused's Trading Licence-s.19 of the Act.
Sekayomba J.W. Vs. Uganda Steel Corporation 1984 42

Sale of Goods - breach of contract - failure of seller to deliver goods - remedies of
buyer s.51 Sale of Goods act (Cap.79).
Mukono Cycle Mart Ltd Vs. Co-operative Bank Ltd & Industrial Engineers and
Constractors Ltd 1987 66
Sale of Goods - non-owner - third party property improperly sold where seller has no
legal or equitable ownership and no title to pass.
Kate Shilling Vs. Attorney General 1987 110

Sale of goods - passing of property - goods sold in execution - property passes to
auctioneer as soon as secures warrant of attachment of property and sold to
subsequent buyer.
SENTENCE
Baguma Thomas & anor Vs. Uganda 1970 130
Sentence -where offender already serving sentence -suspension of sentence on
appeal-s.331(3) of the C.P.C. (as amndende).
Uganda Vs. Nyirantarama 1970 187

Sentence-where first offender pleaded guilty to charge under s.101(1)(h) Penal
Code.
Dumuya Komoko Vs. Uganda - Immigration offence 1970 125

Sentence-immigration offence-duty of prosecutor not to address court on
extraneous matters.
Sebastiano Kahidi and Bassajja s/o Budaki Vs. Uganda. 1971 39

Article 15(4) of the Constitution-whether penalties severer in degree than maximum
penalty that could have been imposed when offence committee.
Uganda Vs. Muhamed Rusenge 1971 152

Corporal punishment - evidence of age necessary -s.191(2) M.C.A.
Uganda Vs. Mericadek Mono and another 1971 321

Disparity of sentencing between co-defendants.
Page 424
Uganda Vs. Lecaidasi Kalekezi 1971 111
Fanctus officio-whether High Court can enhance an inadequate sentence on
revision where the accused has filed an appeal which he later abandons.
Uganda Vs. Laki s/o Asia 1971 131

Immigration Act 1969 - power to order deportation vested in the and not the court-
s.14 of the Act.
Uganda Vs. Charles Bwambale 1971 151

Sentence -youthful offender-imprisonment for default on fine.
Uganda Vs. Lameka Ssali 1971 6

Sentence on youthful offender-s.300A of the C.P.C.
Uganda Vs. Dhafa s/o Nakalyaku & another 1971 215

Elopement contrary to s.121A(2) of the Penal Code-failure to state in the charge
that the accused eloped with a married man-requirement of knowledge on the
part of the accused that the man was married. Payment of fine-time within which
to pay the fine-S.193(1)(a) of the Magistrates' Courts Act-period of imprisonment in
default of fine-s.192 of the Act. Magistrate Grade III exceeding his sentencing
powers -s.158(1)(d) of the Act.
Opoya Joseph Vs. Uganda 1971 315

Presence of accused on appeal-power of appellate court to enhance original
sentence -right of accused to be heard.
Uganda Vs. George Bukenya 1971 104

Record of accused "not known" when sentence-subsequently transpiring that
accused had bad record - enhancement of sentence by High Court on revision.
Uganda Vs. Gracious Godi Nyenda 1971 133

Section 116(1) Traffic and Road Safety Act, 1970 - minimum sentence not
imposed-s.138(2)(a).
Uganda Vs. Byansi Gavamukulya 1973 51

Sentence-sentence on a young offender under the apparent age of eighteen -
section 190(1) of the Magistrates' Courts Act.
Uganda Vs. Solomon Odaba & Anor 1974 229

Sentence-accused convicted on 3 counts and sentenced to be bound over-
whether sentence proper-s.203 M.C.A., Criminal Procedure -plea-procedure
where more than one accused was involved in the case.

Criminal Procedure -manslaughter-cause of death by beating-sentence-accused
cautioned and bound over to be of good behaviour for a period.
Kiggundu Ali Vs. Uganda 1974 193

Sentence-corruption ss 1(b) and 5(1) of the Prevention of Corruption Act 1970-
appellant charged with corruption and sentenced to 5 years imprisonment -
Page 425
appellant had a previous conviction of corruption -whether sentence was excessive.
Uganda Vs. Salasiyo Mperwa 1974 119

Evidence-medical report-whether this could be tendered in evidence without calling
the doctor who made it-irregularity in procedure -sentence-fine of shs.300/- or 2
months imprisonment in default-whether this complied with s.192(b) of the
Uganda Vs. Peter Cheratich 1974 91

Criminal Procedure -plea -whether equivocal -whether cured by statement of facts-
assault occasioning actual bodily harm c/s 228 of Penal Code-default sentence-
section 192(d) of Magistrates' Courts Act, 1970.

Traffic-exceeding the prescribed speed limit c/ss 127(1) and 138 (2) (d) of the
Traffic and Road Safety Act, 1970-plea of guilty-equivocal -sentence-illegal-
"special reasons"-considerations to be taken into account.

Criminal Law-assault c/s 230(b) of Penal Code -accused convicted and sentenced
to 1 months imprisonment-accused first offender-whether sentence harsh and
pay fine-discretion of the court s.192 (b) of the Magistrates' Courts Act, 1970.
Judicial Practice-treatment of first offender-s.299(a) of the Civil Procedure Code as
repealed by Criminal Procedure (Amendment) No.2 Act, 1969.
Uganda Vs. Meza Babanyanga 1974 146

Criminal Procedure-sentence-murder c/s 183 of the Penal Code-accused pleaded
guilty to manslaughter and plea accepted-accused first offender at age of 75-
sentence of one day in prison imposed.
Bagamuhunda Constant Vs. Uganda 1974 279

Criminal law-defilement c/s 123(1) of Penal Code-no proof of penetration-whether
offence proved-attempted defilement c/s 123(2) of Penal Code-sentence of 10 years
upon young and first offender-whether excessive.
Lomwondo Khemis Vs. Buganda 1974 281

Criminal Procedure-sentence-distribution and Price of Goods Act (Amendment)
Decree No.1 of 1972-whether sentence of imprisonment mandatory-section 189(2)
of M.C.A.
Yakani Nasulu Vs. Uganda. 1974 142

Criminal Procedure-sentence-manslaughter-killing with provocation-whether
sentence of life imprisonment excessive.

Witchcraft Act-being in possession of Articles used in witchcraft contrary to s.5 of
the Witchcraft Act-sentence of life imprisonment under s.189(1) and s.160 of the
Magistrates' Courts Act 1970.
Page 426
Lukwago Eridadi Vs. Uganda 1974 192
Sentence-appellant charged with making a document without authority c/s 344 of
the Penal Code-sentence of 2 years imprisonment imposed-whether a fine would
have been appropriate.
Uganda Vs. Meza Babanyanga 1974 146

Criminal Procedure-sentence-murder c/s 183 of the Penal Code-accused pleaded
guilty to manslaughter and plea accepted-accused first offender at age of 75 -
sentence of one day in prison imposed.

Criminal Procedure -manslaughter -cause of death by beating -sentence-accused
cautioned and bound over to be of good behaviour for a period of one year.
Uganda Vs. Mafabi Wilson 1974 222

Criminal law-burglary and theft c/ss 281(2) and 252 of the Penal Code -whether
evidence of breaking and entering existed-meaning of breaking -s.290(1) of the
Penal Code-doctrine of recent possession -whether explanation offered by
accused must be considered -sentencing-whether sentence of imprisonment could
be passed on person under apparent age of 18 years-s.190 M.C.A.-need to
assertion age of accused before sentencing.
Uganda Vs. Igira s/c Loguma 1974 281

Criminal Procedure -restoration of proper -whether order of restorering property to
owner or his representative was mandatory as provided by s.213(1) of the
Magistrates' Courts Act, where the stolen property was not recovered or found.
Uganda Vs. Yovani Angura 1974 59

Traffic offence -driving motor vehicle with blood alcohol concentration above the
prescribed -the Traffic and Road Safety Act, 1970 sections 120(1) and 138(2) (1)-
persons authorised to withdraw blood from accused, section 122(1) of the Act,-
manner of storage before dispatch for medical test-sentencing -whether
circumstances peculiar to accused constitute special reasons for imposing
penalty less than one prescribed-s.138(2)(1) of the Act-suspension of driving
permit-disqualification from obtaining driving permit-s.65(1)(I) of the Act.

Sentence-Robbery ss.272 & 273(1) of the Penal Code - order of compensation for
a fixed sum-whether a large sum could be paid to complainant as compensation-
restoration of property to complainant -whether order for compensation or
restoration could be executed where accused expressed to appeal.
Uganda Vs. Sagala 1975 7

Criminal Law-unlawful possession of a firearm without a firearm Certificate c/s 2(2)
(a) and (b) of Firearm Act - unlawful possession of ammunitions without a firearm
certificate contrary to the Act-sentence-imposition of consecutive and concurrent
sentences-whether consecutive sentences could be imposed in offences arising
out of the same transaction-Magistrates' Courts Act, s.169(1).
Page 427
Criminal Law-being idle and disorderly s.162 (1) of the Penal Code-wearing mini-
dress-sentence-sentence of imprisonment imposed on person under apparent age
of 18 years-whether proper-s.190 of the Magistrates' Courts Act, 1970 -trivial
offence-whether it was proper to caution accused-procedure-dress not checked
and measured in court -whether proper-charge preferred under wrong section.
Uganda Vs. Bituha & Bijoki s/o Bangirana 1968 155

Sentencing.
Uganda Vs. Samson Tello 1968 155

Sentencing.
Uganda Vs. Eriazali Balame. 1968 156

Sentencing.
Uganda Vs. Teopista Nakabugo. 1968 156

Sentencing.
Nakaleti s/o Etoori and Ideket s/o amukun Vs. Uganda. 1968 8
Sentencing.
Musamula Saidi Vs. Uganda. 1968 77

Sentence-extraneous matters, not proved, taken into account when assessing
sentence.

Criminal Law -attempting suicide s.203 of the Penal Code-sentence-imposition of
imprisonment-whether proper remedy-Law Reform -whether probation order or
whether there was need to retain attempting suicide as an offence in the Penal
Code.

Safety Act, 1970.

Page 428
Reformatory.

Rweyoleka Vs. Uganda 1975 128

138(2)(b) and 65(1) (a) of the Traffic and Road Safety Act, 1970-whether the
reason"-court must ask accused whether alleged "special reasons" exist-vehicle
Uganda Vs. Nzabanita Phillip & Another 1975 145

Criminal Law-being in possession of Immature Fish ss. 35(b) and 41 of the Fish
and Crocodiles Act-immature fish within the meaning of section 3 of the Act and
S.I. 228-3 procedure-no evidence laid to show the fish were immature within the
meaning of s.3 of the Act before recording plea from accused-sentence -
commitment of an offender to imprisonment in default of payment of fine straightaway
of an offender to imprisonment in default of payment of fine straightaway without
giving him time to pay the fine-section 193(2) of M.C.A., 1970-illegality of such
commitment.
Uganda Vs. Okeny William 1975 184

Criminal Law - driving without reasonable consideration for other road users s.126
of the Traffic and Road Safety Act, 1970- whether punishable under s.185(1) of that
Act-sentence-proper sentence for an offence under s.126 of the Traffic and Road
Safety Act, 1970-whether a sentence under s.185(1) of the Act proper.
Uganda Vs. Abdu Kayima 1975 178

Criminal Procedure-conviction of over-charging Goods ss.6,7 and 19 of the
Distribution and Price of Goods Act-failure to mention in the Charge Sheet the
Page 429
regulations made under the Act sentence to a fine - whether imprisonment was
mandatory.
Uganda Vs. Mugabi Everist 1975 179

Criminal Procedure-conviction for hoarding 300 cases of beer ss.1(1) and 2 (1) (c )
of the Prevention of Hoarding Decree, 1974-sentence of a fine of shs.9,000/= of 12

age.

Uganda Vs. Obonyo - "Omnibus" Sentence 1975 387

Sentencing - charges in one indictiment carrying capital punishment - practice in such
cases - court ought only to sentence accused to death on only one count - no
sentence need be passed on the other count in the same indictment on which he is
also convicted.
Uganda Vs. Indibarema Sulaiman & Anor 1982 4

Sentencing - Firearms charges - possession of annunition w/o firearms certificate c/s4
(2) (a) of firearms Act 1970 - sentence should not excessive where accused not found
with gun.
Uganda Vs. Nakazibwe Clemensis 1982 76

Sentencing - compensation - elopement - party must be aggrieved before order can be
made under s.121 A (1) of the Penal Code Act (Cap.106) - order improper where no
such claim.

Sentencing - unlawful confinement c/s 240 Penal Code is a misdemeanour - maim
sentence is 2 years imprisonment - Penal Code s.24 - court cannot impose maximum
Page 430
sentence without giving special reasons.
Uganda Vs. Kisebo Wilson 1982 88

Sentencing - young offenders - approved schools - young offender not to be committed
to Approved School without complying with s.190 Magistrates' Courts Act No.13 1970.
Uganda Vs. Stubi Juma 1983 14

Sentencing - causing grievous harm c/s 212 of Penal Code - sentence of 4 years
imprisonment imposed - not excessive in circumstances.
Sentencing - order - sentencing order must be clear, precise and lawful.
Uganda Vs. Bitambe James 1983 17

Sentencing - powers of magistrate Grade II - imprisonment - magistrate Grade II can
not pass sentence of imprisonment exceeding 2 years - illegal and excessive sentence
imposed - Magistrates' Courts Act, 1970, s.158(1) (c ).
Uganda Vs. Kawesa John & Anor 1984 13

Sentencing - theft -range of sentences which a convicting magistrate may impose.
Uganda Vs. Abdulai Bugga 1984 10

Sentencing - manslaughter - facts alleviating sentence - facts to be taken into account
but offences of violence leading to loss of human life seriously viewed by courts.

Sentencing - arson - two years - sentence of two years neither too lenient nor too
excessive to warrant interference.

Sentencing - theft - first offender - sentence of 18 months' imprisonment harsh and
excessive where accused first offender spends 2½ months on remand and pleads
guilty to charge.
Uganda Vs. Settumba Sam Mutebi 1986 13

Sentencing - omnibus sentence - legality - omnibus type of sentence illegal - for
every count on which conviction is recorded there must be sentence recorded.
Sentencing - maximum sentence - excess - sentence illegal where exceeds maximum

awardable.
Uganda Vs. Yada Yasin 1986 22

Sentencing - different penalties - same offence - fine to be imposed in addition to term
of imprisonment only in special circumstances where reason to suppose that accused
has control over proceeds of offence.
Sentencing - Magistrates' Courts - sentence above two years - sentence to be

confirmed by High Court even if accused elects to start serving it.
Sentencing - mitigating factors and aggravating circumstances - balance - balance to

to struct between two before passing sentence.
Page 431
Nantume Rosemary Vs. Nathan Kiyingi 1986 26
Sentencing - default sentence - exceeding maximum - court not to impose default
sentence which exceeds maximum it can award.
Uganda Vs. Lwakundu Babi 1986 29

Sentencing - consecutive sentences - one transaction - where two or more offences
committed in one transaction - where two or more offences committed in one
transaction sentences to be concurrent unless extenuating circumstances or special
reasons exist to make them consecutive.
Sentencing - theft - first offender - where accused first offender, pleads guilty and
property recovered sentence of two years imprisonment harsh and excessive.

Sentencing - theft - first offender - in absence of statement from prosecutor to contrary
accused to be treated as first offender.

Sentencing - manslaughter - bad homicide - where deceased drunk and attacked
mercilessly by accused with stick and sustains severe multiple injuries from which he
dies amounts to bad homicide - where accused shows no remorse sentence to be
deterent - accused sentenced to 15 years imprisonment.
Kalyowa Moses & 3 Others Vs. Uganda 1988-90 11

Sentencing - multiple offences - conviction - accused to be sentenced for every
conviction unless to do so would be to punish a person twice for same act - where
sentence or sentences of death passed any sentence of imprisonment to be
suspended.
Wasyero & 2 Others Vs. Uganda 1988-90 23

Sentencing - young offenders - imprisonment - sentence of imprisonment over young
offenders illegal as contravenes s.190 of Magistrates Courts Act.
Uganda Vs. Deogratius Rwaheru & Another 1988-90 27

Sentencing - theft - bicycle - where accused first offender young man aged 33 bicycle
recovered and pleaded guilty to charge sentence of 36 months excessive 18 month's
imprisonment adequate.
Uganda Vs. Mulenzi Gabriel 1988-90 63

Sentencing - youthful offender - imprisonment - where youthful offender not proper
person to be sent to reformatory school and no other suitable sentence to be
imprisoned.

Sentencing - common assault - first offenders.

Sentence - fine - compensation - fine should not be unduly influenced by sympathy for
the victim of the crime.
Sentence - fine - compensation - whether a convicted accused should be heard on his
Page 432
ability to pay before fine is imposed - s.192 M.C.A. 1970.
Sentence - fine - default sentence - maximum period of imprisonment for default of

fine of shs.100,000/= or more is 12months s.192 M.C.A. 1970.
Uganda Vs. Olet Charles & Hallen Acan 1991 13

Sentence - fine - default sentence - term of imprisonment not an option but to be served
upon default in payment of fine.
Ndahura George Vs. Uganda 1992-93 35

Sentencing - age of accused - proof - procedure of sentencing - procedure of
determining age of an accused.

Sentencing - defilement - sentence of corporal punishment for offence of defilement is
illegal.
Sentencing - young offenders - powers of the High Court to send a young offender to
Reformatory School instead of undergoing prison sentence merely discretionary.
STATUTES
Statutes - Interpretation of "of old" or long ago as used in possession of land law
1980, s.2 (h).
by Tom Toya
Statutes-interpretation-Affidavit-meaning of "written Statement in name of deponent,
voluntarily signed, sworn to and affirmed."
STATUTORY INTERPRETATION
Uganda Vs. Wangubo Martin & 19 Others 1977 220
Statutory Interpretation - conflict between statute and statutory instrurment - r.26A of
Animal Diseases Rules, 1968 is ultravires Animal Diseases Act (Cap.218) s.26-
Act prevails.
Uganda Vs. A. Dafala 1978 78

Statutory Interpretation - headings and marginal notes in legislations - Headings and
marginal notes cannot be used to give a different effect to clear words in the section
where there cannot be any doubt as to their ordinary meaning.
Mugisa Amos Vs. Uganda 1979 271

Statutory Interpretation - interpretation Decree 18 of 1976 ss.4 and 5-reference to
holder of office means the person for the time being lawfully holding that office.
Hussein Abdi Hassan Vs. Uganda 1991 38

Statutory Interpretation - S.51 of the Penal Code Act - "Publishes anything intended to
be road" - meaning of.
Page 433
Statutory Interpretation - customs Management Act 1970 - whether section 167 of
the Act requires proof beyond reasonable doubt - taxing legislation to be construed
strictly.
STEALING OR RECEIVING
Uganda Vs. William Oryemu 1972 23
Stealing or receiving and Retaining Stolen Property -misdirection on burden of
proof on Receiving stolen property - misdirection on burden of proof on receiving
and retaining and possession of recently stolen property.
Okello Gaitano Vs. Uganda 1972 104

Receiving or retaining stolen property c/s. 298(1) of the Penal Code-failure of
accused to call his wife-misdirection - burden of proof-non direction on
contradictions.
Joseph Kiiza Vs. Uganda 1972 3
Receiving or Retaining stolen property c/s.298(1) of the Penal Code-sufficient
evidence of possession.
Uganda Vs. Emanuel Lwassa 1972 252

Stealing c/s 252 of the Penal Code -fitness of the accused to plead - s.111(1)
Magistrates' Courts Act-quashing of conviction on the consultant psychiatrist's
report - retrial and the court to proceed under s.111 of the M.C.A. - medical
evidence to be taken.
Noorali Moledina Vs. Uganda 1972 164

Receiving stolen property-possession -meaning of -mere manual possession of
stolen article without having control over it does not amount to possession - duty
of court to direct itself on what amounted to possession in law. Receiving stolen
property-guilty knowledge-wrong to infer that because sales tax had not been
paid, the goods must have been stolen s.298(1) of the Penal Code.
Mulindahabi Matiasi Vs. Uganda 1972 274

Possession of recently stolen property - whether offence of theft or receiving
stolen property.
Uganda Vs. Siokan & Another 1975 367
Teremwa Vs. Uganda 1975 368
Uganda Vs. Lochero 1975 398
SUCCESSION
Amina w/o Umedali S.Alani Vs. Umedali Shamji Alani 1972 120
Succession -doctrine of election-duty to elect within 12 months.
Re: Sulemani Serwanga Salongo, Deceased. 1972 39

Executor-meaning of executor in Kiganda Customary Law-whether or not
"Omusika" in Luganda was the same as Executor in Uganda Law. Section 194,
181, 182, 250, 272 and Part XXXIV, Succession Act (Cap.139).
Page 434
Rwekibira Patrick Vs. Muwagibu Kamaya 1972 269
Wills
Wills -question before court as to which of two wills was the valid one-affidavit-no
grounds of information given -whether defective-originating summons under O.34
r.7 of the Civil Procedure Rules-whether issue could be settled upon originating
summons.

administration of estate-whether there was limitation period for registration of Land.
Najeno Lea Vs. Alisha I. Sserwanga 1974 182

Appeal-appellant/defendant died before appeal heard -appeal dismissed on ground
that appellant was dead and had not pursued her appeal before her death -later an
application to substitute deceased appellant/defendant made-application support
by affidavit by advocate and deceased appellant/defendant's daughter-daughter
described as legal representative and successor in title of the Kibanja in dispute-
no other documentary evidence to support that daughter is successor in title
earlier order dismissing appeal rescinded under section 181 of the Civil Procedure
Act-daughter of deceased appellant/defendant made a party under ).21 r.3-whether
the daughter had locus standi-whether O.21 r.4(1) was not the right order under
which appellant could be replaced-whether daughter was a legal or personal
representative-section 2 of Civil Procedure Act-Law Reform (Miscellaneous
Provisions) Act Cap.74 -section 13 (7) and 2-section 3(1) of the Succession Act-
whether daughter could be personal representative without original or certified copy
of grant of letters of administration -whether Chief Magistrate's order proper.
Kagwa Olive Amelia Kawalya Vs. The Registrar of Titles 1974 238
Land Law-Land Transfer Act-requirement for consent of the Minister to transfer
land to non-African-application by executrix for registration as proprietor-section
143of the Registration of Titles Act-applicant born of mixed European and Ghanaian
parentage-whether applicant required the Minister's consent-whether applicant
"African"-meaning of "African"-meaning of a member of an "indigenous African
tribe or community-interpretation (Special Provisions) Act-Interpretation (General
Clauses) Ordinance - mailo land preservation of mailo land tenure system-
prohibition of transfer of mailo land to a man who is not of the protectorate except
with the consent of the Minister -meaning of "a man who is not of the Protectorate".
Kawalya Kagwa Olive Amelia Vs. The Registrar of Titles 1974 149
Land law-Land Transfer Act, section 2-Registration of Titles Act section 139-
whether the applicant whose father was a member of an African tribe and a
British mother was an African-Interpretation Act, 1963-Interpretation (Special
Provisions) Act-whether a non-African executrix of a will of an African could be
registered as proprietor of deceased's lands or could execute transfer of lands
without Minister's consent.
Naluvugo Maria Vs. Isaack Hategyekimana 1977 71

Succession-probate action for revocation of letters of administration - Procedure is
comprehensively set out in Administration of Estates (Small Estates) (Probate and
Administration) Rules, 1972 rr.10 & 13 - action must be based upon plaint and citation
Page 435
issued or probate or letters of administration lodged in court - statements of fact in
citation must be supported by affidavit - meaning of citation-probate action started
by affidavit and originating summons issued- whether irregularity curable-
administratrix re-married another person during lifetime of deceased-whether goods
ground for revocation of letters of administration-parties to probate action-failure to
make interested person party to action-all persons interested or adversely affected
by relief sought to be joined as parties to or made cognisant of action-Civil Procedure
Rules, Order 1 r.10(2) - order of priority for grant of probate or letters of administration
Administration of Estates (Small Estates) (Probate and Administration) Rules, 1972-
r.9.
Kavulu Asumani Vs. Lunuma Yusufu 1977 318

Succession - will - validity - proof - appointment of heir - younger son of deceased
appointed heir - father under no obligation to appoint elder son as heir - appointment
of executor - brother of deceased appointed executor - deceased is free to appoint
anyone whether relative or not to be executor of his will - probate - revocation of grant.
Rwabaganda Farasia - Widow Vs. Donato Bahemurwabusha 1978 244

Succession - Succession Act - s.31(1) - no spouse of intestate to share in the estate
of the intestate if at time of intestate's death the spouse was separated from the
intestate as a member of the same household-Succession Act, s.56(1) - every will
revoked by the subsequent marriage do its maker.
Namungo Kakaira Yokana S. Vs. Nakku Namusisi Kilyankusa 1980 65

Succession - estates - administration of estates by Administrator General - when may
Administrator General apply for administration of a deceased's estate - whether s.193
Succession Act is a bar to the Administrator General's statutory right to apply for
administration of an estate under s.5(3) (d) of the Administrator General's Act - effect
of ss.5(3) (d) and 37 of the Administrator General's Act read in conjunction with s.193
Succession Act.
Succession - probate - application for probate - proper statutory procedure in

contentious issues - procedure for removal for caveat lodged against application -
application of s.254 of the Succession Act precedes application of s.265 ibid which
provides for procedure in contentious issues by instituting an ordinary civil suit -
institution of suit should be preceded by service on caveator of notice of intention to
sue and not by notice of motion - advantages of a suit under s.265 ibid over a notice
of motion hearing - hearing based on s.254 ibid and pursuant to notice of motion
prejudicial to caveator - decision in Sangani Vs. Sangani questioned - remedy in
properly instituted suit.
Nduga Francis Ddiba Vs. Nansikombi Rita & Others 1980 79

Succession - letters of administration - revocation of grant thereof - circumstances
under which revocation may be made - factors to consider in granting letter of
administration - Succession Act, s.280 - willful non - compliance therewith and
what is "willful" under said section.
Kondo Bulasio Vs. Bulandina Nankya & Another 1985 22

Succession - administration of estates - unlawful administration - where estate
administered not according to law and grant made to someone not entitled to it grant
to be revoked.
Page 436
Succession - intestacy - lineal descendants - where no beneficiaries and only one
dependant relative takes 99% - distribution may not be altered by consent order -
where so altered contrary to law.
Kiwanuka Reuben & Others Vs. James Matovu 1991 94

Succession Law - letters of administration - letters of administration can be cancelled
for a "just cause".
Sebbowa Sarah & 5 Others Vs. Peter Sebbowa 1991 95

Succession - letters of administration - application - statutory period of 14 days after
publication of application to be computed from date of publication.
Succession - letters of administration - applicants - applicant to qualify to apply.
Kibimba Rice Co. Ltd Vs. Umar Salim 1991 44

Tort - negligence - apportionment of liability.
Tort - negligence - assessment of special and general damages.
Otabong Waino Eridadi Vs. Attorney General 1991 45

Tort - unlawful detention - whether unlawful detention is a continuous tort - whether the
period of detention is severable for the purpose of limitation.
Tort - limitation of actions founded on tort against the government.
Kahigiriza Vs. The Financial Times Uganda Limited. 1991 52

Tort defamation - social status of victim of defamation to be considered in awarding
damages.
Katimbo Sam Vs. Attorney General 1991 99

Tort - liability of master - a master is liable for servants acts improperly done in the
course of doing what the servant is employed to do.
Kemitungo Florence Vs. Katuramu Yolamu 1992-93 155

Succession - legal wife - definition - whether wife within the meaning of s.3 of the
Succession (Amendment/Decree).
Succession - letters of administration - joint grant - letters of administration can be

jointly granted.
Succession - letters of administration - qualification for grant - to be granted to a

person who would properly and honest safeguard the assets of the estate for herself
and the children.
Administrator General Vs. Teddy Bukirwa & Bukirwa Ester 1992-93 192
Succession - probate - grant - executors - probate can only be granted to executor
expressly or impliedly appointed by a will - Succession Act, Cap.139, ss.181 & 182 -
Certificate of No objection must be obtained from Administrator General by person
not appointed executor by will - Administrator General Act, Cap. 140, S.6.
Page 437
Succession - probate - revocation - application by Administrator General - revocation
of grant of probate and grant of letters of Administrator General's Act Cap.140 s.5(3).
Succession - probate - will - verification - will not verified before grant of probate - grant
defective - Succession Act, Cap.139 s.248.
Succession - will - execution - attestation - will made, attested and kept in mysterious
circumstances - validity - Succession Act, Cap.139, ss.46, 50(1) (a), 50 (2) (c ).
Nakedde Imelda Ndiwalungi Vs. Roy Busuulwa Nsereko & Anor 1997 73
Succession - letters of administration - grant by a court without jurisdiction a nullity.
TAXATION
Opa Pharmacy Ltd Vs. House & McGeorge Ltd 1972 6
Taxation of costs-whether notice of taxation required-meaning of appearance-
exercise of discretion by taxing master-Advocates (Remuneration and Taxation of
Costs) Rules, Rules 9 and 53.
Musisi Sala Vs. Attorney General 1972 235

Taxation of Costs-review by appellate court of taxing officers assessment.

Application for order tht decree be executed before taxation of costs-s.98 of the
In the matter of Kampala City Council & in the matter of Youngson Odong 1974 199
Taxation of costs -instruction fees-whether taxing master bound to five reasons for
the award -whether taxing Master bound to consider all circumstances of case-
Rules 3 of the Taxation of Costs (Appeals & Reference) Rules-minimum award -
whether taxing Master had discretion to increase fee beyond minimum -discretion
must be exercised judicially-Rule 13 of the Advocates (Remuneration & Taxation
of Costs) Rules Sch. VI (1) (c).
Barclays Bank of Uganda Ltd Vs. Muganga Construction Co. Ltd & anor 1975 50
Appeal against an order of a taxing officer-bill of costs-plaintiff appellant claimed
shs.36,359/50, taxing officer allowed shs. 8,307 appeal under s.61(1) of the
Advocates Act, 1970 rr.3 and 10(2) of Taxation of costs (Appeals and References)
whether the sum allowed was reasonable -jurisdiction of the court.

Tax Law - Customs Management Act 1970 - discretionary powers of Commissioner
General to grant tax refund - discretion to be exercised reasonably.
Tax Law - Customs Management Act 1970 section 167(b) requires proof beyond
reasonable doubt - section applies only to legal proceedings.
Page 438
Roussons Nicholas - Gullam Hussein Habib Virani & Others 1997 62
Taxation proceedings - Taxation Reference - Interlocutory matter - award by Register
of shs.3,000,000 - whether award reasonable or manifestly excessive as to indicate
an error in principle entitling Appellate Court to interfere - award ignored guiding
Taxation principles.
TAX DEFAULTING
Uganda Vs. G. Tabule and Others 1971 291
S.69(3) of the Local Government Administration Act, 1967-court not a tax
collection agency-proper procedure for recovery of tax.
Uganda Vs. Rubando s/o Rututu 1971 237

S.69(3) Local Administration Act 1967-"Lawful Excuse" - meaning of word-
whether "Poverty" is a lawful excuse.
Naama Coffee Factory Ltd Vs. Uganda 1997 16

Local Government - inadequate provisions - under the Local Government Act 1997
district council's empowered to make ordinances to cover an issue.
THEFT
Tumuhairwe Erisa Vs. Uganda 1970 186
Theft by trick.
Uganda Vs. Rwamushare 1970 220

Theft by servant c/ss 252 and 258 Penal Code-recording plea of guilty - necessity
for admission of every ingredient of the offence.

Natural justice-accused convicted of theft in his absence.
Mubiru John Vs. Uganda 1970 218

Theft c/s 258 Penal Code-permission to retain stole money after discovery of
offence-hearsay evidence.
Uganda Vs. Zekarali H. Moti 1970 148

Section 245, 255A and 250 of the Penal Code-appeal by DPP against acquittal-
s.325 of the C.P.C.
Ogwal Joseph Vs. Uganda - theft by servant 1970 70

Plea of guilty to theft by public servant -whether words used in allocus
amount to retraction of plea of guilty.
Kalanzi Henry Vs. Uganda. - retaining or receiving stolen property 1970 217
Theft from a motor vehicle-or receiving or retaining stolen property-the application
of the doctrine of "recent possession".
Ganaga Samuel Vs. Uganda - Receiving or retaining stolen property. 1970 210
Conviction for "receiving or retaining" a motor vehicle c/s 298(1) Penal Code-duty
to court to convict on only one limb of the offence-deterrent sentence on first
offender merited.
Page 439
Edward Walimbwa Vs. Uganda 1970 28
Repatriation of Undesirable Foreigners Law of Buganda - whether still in force-
article 19 of the Constitution.
Bukuwa Masaaba Vs. Uganda 1971 231

Theft by a bank employee of a customer's cheque and the bank's money-
meaning of theft under s.245(1), Penal Code Act.
Uganda Vs. Cusiberito Okalebo 1971 318

Theft-obtaining credit by false pretences c/s 192 of the P.C. when property
passes-meaning of "to give or obtain credit" - Theft c/s 252 of the Penal Code.
Seggobe Francis Vs. Uganda 1971 1

Theft, unlawful possession of poisons and unlawful possession of government
stores-three offences charged arising out of same facts-circumstances in
which such course is proper.
Uganda Vs. Cusiberito Okalebo 1971 288

Theft-whether property in the goods passes once the price is ascertained but
not paid-obtaining credit by false pretence.
Keresensio Kabatene Vs. Uganda 1972 105

Housebreaking and Theft c/ss.252 and 281(1) of Penal Code-sentence of
preventive detention-statutory written notice-s.2(2) of Habitual Criminal
(Preventive Detention) Act - past record of accused-functus officio.
Katende Eria Vs. Uganda 1972 42

Shop breaking and theft c/s. 283(a) and 252 of the Penal Code - dismissal of
Walimbwa Yoremiya Vs. Uganda 1972 17

Theft contra ss.252 &255 of the Penal Code. Mistake of law no defence, s.10
Penal Code related to mistake of fact.
Igola Abudala & Anor Vs. Uganda 1972 273

Theft by servant c/s 252 & 258 of Penal Code -circumstancial evidence-closing of
case - instruction by judge to call further evidence.
Lutaya David Vs. Uganda 1972 45

Theft by a person in the Public Services c/ss.252 and 257 of the Penal Code-
section 112 of the Evidence Act.
Uganda Vs. John Mulamya 1972 50

Theft by perosn in Public Service c/s.252 and 257 of the Penal Code-conversion
under 245(3)(a) of the Penal Code -whether definition of 'theft'at common law was
wider than conversion in Penal Code.
Hiria Vs. Uganda 1975 368
Uganda Vs. Mubakye 1975 369
Page 440
TORT - Negligence
Kibirige Sabani Vs. Crispus D. Juko 1972 65
Negligence - death of wife-claim for damages by husband - loss of consortium
and servitium-Rules in Baker v Bolton-Law Reform (Miscellanous Provisions)
Act - assessment of general damages.
Arini Ntegyereize Vs. Kilembe Mines Ltd 1972 264

Negligence-contributory negligence - death of husband-assessment of general
damages.
Mukasa William Salongo Vs. A. Sewalu & Mohamed Mubiru. 1972 287
Negligence-crossing road-percentage of negligence of plaintiff-personal injuries-
fracture of leg-injury to hip, knee and ankle.
Mukweje Federiko Vs. Attorney General 1972 29
Negligence-general damages for personal injuries-vicarious liability -suit against

the Attorney General in his representative capacity under s.11 of the
Government Proceedings Act (Cap.69, Laws of Uganda).
Kesi Kaggwa Vs. Y.K. Sedya 1972 231

Motor accident-negligence -vicarious liability-doctrine of Res Ipsa Loquitur.
Ndagizimana Yowana Vs. Uma Industries Ltd 1972 35

Negligence -factory accident -failure to fence-contributory negligence-personal
injuries -injury to fingers -assessment of general damage.

Negligence -failure to affix clamps to mechanical saw-contributory negligence-
personal injuries -injury to hand -assessment of general damages.
Karuga G. Vs. Paulo Kabarime 1972 32

Liability in negligence-doctrine of Res Ipsa Loquitur

Negligence -failure to make mine safe-res ipsa loquitur -personal injuries -loss of
both legs-assessment of general damages.
Nyakalundi Vs. Tatelal Muhamed 1972 240

Negligence -burden of proof cast on defendant -mental incapacity-assessment of
general damages.
Mukandanga Mida (Mrs) Vs. Asgaralli Gulamhussein 1972 262

Motor accident-negligence-lorry overturning on clear road -whether negligence-
res ipsa loquitur.
Wabuziba Willy G. Vs. Gerald M. Lukwago 1972 63

Negligence-damage to car-proof of special damages-impecuniosioty of plaintiff
Page 441
not to be considered -duty to mitigate damages.
Tikabara Ida M. Vs. Water Resources Development (International) Ltd 1972 93

Claim of damages in negligence -Workmen's Compensation Act, s.25(c ) and
s.16 - whether there was agreement between plaintiff and defendant with regard
to compensation.
Mberenge Geltuda Wotali Vs. Siriri Kulazikulabe 1973 62

Negligence -death of victim-stadard of proof -s.112 of the Evidence Act-general
Damages.

Negligence-failure to affix clamps to mechanical saw-contributory negligence-
personal injuries-injury to hand-assessment.
Hunts Travel Services Ltd Vs. The Pioneer General Assurance Society Ltd. 1973 190
Negligence -joint tortfeasors-action by insurance company of 1st joint tortfeasor
against insurance company of 1nd joint tortfeasor for contribution on basis of
subrogation - whether valid in law or equity - Traffic Act cap.342 - meaning of
"persons entitled to the benefit of the judgment".
Securicor (Uganda) Limited Vs. Yesero Mugenyi 1973 31

Personal injuries-negligence - liability for animals - whether guard dog was animal
mansuetae naturae.
Magero Alozio & anor Vs. Attorney General 1973 209

False arrest and imprisonment -stolen car left outside house of plaintiff -whether
arrest justified-Criminal Procedure Code ss.23(a) and (k) and s.30-assessment of
general damages.

Defamation -libel-whether privileged communication-slander-whether actual words
had to be pleaded.
J. Senteza Vs. 1. Shell & B. I. Uganda Ltd & 2 others 1973 198
presence of his employees and independent witness-independent witness not
crime-letter diotated to secretary-whether dictation amounted to libel or slander-
defences of justification and qualified privelege-assessment of damages.
Mutwalanda Yonasani Vs. Mulco Textiles Ltd. 1973 45

Factory accident - faulure of leights and dangerous objects thrown about - injury
to eye - whether safe system of work - whether doctrine of res ipsa loquitur
applied-assessment of general damages for loss of eye.
Uganda Bags & Hessian Mills Ltd Vs. Aggrey Okechi 1973 51
Factory accident - liability for breach of statutory duty-failure to provide and
maintain a sage system of working in the factory.
Mulco Textiles Ltd Vs. Ynasani Mutwalanda 1973 123
Page 442
Negligence -res ipsa loquitur - duty of care of employer to provide safe place of
work- liability for injury caused by workmen throwing objects during failure of
power-duty to provide secondary lighting system-whether acts within cause of
employment.
Samuel James Batwawule Vs. Kilembe Mines Ltd. 1973 170

Negligence-failure to fence machinery -Factories Act, s.23-loss of arm-assessment
of general damages.

False arrest and imprisonment -assault and battery - liability for Government-
vacarious liabilityfor member of Police Force-effect of Emergency (Detention)
Regulations 1969 and Emergency (Powers of Arrest and Search) Regulations
1969, r.1 and r.5(b) - powers of arrest under s.30(1) of the Criminal Procedure Code
Proceedings - against the Government (Prohibition) Decree, Decree 19/72-meaning
of 'or any other cause whatsoever'- award of exemplary damages-assessment of
general damages.
Munyampirwa Firipo Vs. Associated Match Company 1973 63

Negligence-burnden on plaintiff to prove negligence-circumstances of accident-
inference of negligence -discharge of burden-doctrine of res ipsa loquitor-
contributory negligence and guantum of damages.
Kizza Joseph Vs. Uganda Transport Co. Ltd 1973 146
Negligence - duty to provide a safe place of work-whether bus with open doors
was safe place of work.
Sekibenga Yosefu Vs. Anderea Kaziro & anor 1973 147

Negligence -collision of vehicles - assessment of liability where no clear evidence
of proportionate blame-equal division of liability.
Anna Bagenda Vs. Bulikani Kafaana & anor 1973 186

Negligence-collision with cow which ran into road-whether herdsman negligent-
duty of driver-injury to arm.
Wandera Benard Vs. Salech Bin Sehif & anor 1973 212
Negligence-death of child aged 7 - whether father could sue for death-whether
father could recover for loss of servitium-whether father could recover for funeral
expenses-Law Reform (Miscellaneous Provisions) Act Cap.74-social duty of
parent to bury deceased.
Musisi Sayimoni Vs. Kilembe Mines Ltd 1973 213

Negligence -personal injuries -assessment of general damages for injury to foot-
loss of two toes.
Orochi Alfred Vs. Abdularhaman Kasim 1973 213

Negligence -personal injuries - fractures of skull-assessment of general damages.
Byekwaso Francis & S. Masembuko Vs. Fateli Mohamed & Ibraham Salimi 1973 21
Personal injuries-assessment of general damages-fractured leg, injured hip,
parmanent of injuries in complaint -appropriateness of Workmen's Compensation
Page 443
table in assessing loss of function.
K. Jivandas & Co. Ltd Vs. Joyce Namusisi Nakadama 1973 26

Master and servant-negligence -vicarious liability-liability of owner of vehicle for
accident caused while vehicle being driven by prospective purchaser-damages for
death of husband.
L/CPL Maazima Agondoa Vs. B.M. Kakiza 1974 72

Negligence -personal injuries -fracture of the brachial plexus lesion -fracture of the
right arm -right arm paralysed -negligence -contributory negligence-damages-
quantum of damages-assessment of damages. Evidence -defendant called to give
evidence for the plaintiff-procedure -fact averred in the plaint admitted in written
statement of defence-whether defendant can subsequently deny it - estoppel -
calling a witness whose evidence had been admitted-O.16 r.12; O.16 r.4; O.11
r.4; O.17 r.1 of Civil Procedure Rules;-inherent power of the court -ss.101 and 102
of the Civil Procedure Act.
P.M. Namugera Vs. 1. Uganda Bookshop Press & J.K. Bukenya 1974 28
Defamation-action for libel arising from letter of dismissal-defence of qualified
privilege.
Dr. J.C. Kitto Vs. W.V.K.Chandwick & M/S Nyanza Textiles Industries Ltd 1974 125
Tort-defamation -whether statements defamatory-whether qualified privilege-whether
made to person with interest to receive them-whether malice.
Nanyili John & anor Vs. Willington Waniala & anor. 1974 60
Trespass-assault occasioning miscarriage -defamation-slander actionable per se-
imputation of a crime punishable by imprisonment-statement made by person in
authority-injury to business-assessment of damages-Civil Procedure -appointment
of costs.
Sendegeya John Vs. Attorney General 1974 14

Tort-false arrest and imprisonment -malicious prosecution -arrest by police of
taxman for unlawful possession of Enguli and uncustomed beer-whether arrest
lawful-whether continued detention lawful-Criminal Procedure Code s.30(1) (2)-
whether persecution malicious -assessment of general damages.
Mpima Musa Vs. Jinja African Bus Service 1974 69

Negligence-personal injuries-simple fracture of femur, bleeding from both cars,
some broken teeth and out wound at the right lumbar region-contributory
negligence-assessment of general damages.
Kiwanuka Bumbakali Vs. Fiat (Uganda) Ltd 1974 131

Tort-negligence-contributory negligence-car being started in gear when mechanic
was underneath-car running over mechanic-whether manager of garage who drove
was negligent-whether mechanic was contributory negligent-leaving the car in gear-
injury to back-assessment of general damages.
Bumba George William Vs. Phillip Okech 1974 158

Negligence-contributory negligence-personal injuries-injury to head-assessment of
general damages-later diabetes and blindness developing - causation-remoteness
of damages.
Page 444
Nantongo Erima & 3 Others Vs. Hiral Mohamed 1974 181
Traffic accident-petrol tanker fell into a ditch-petrol spread-large crowd gathered on
the scene-some members of the public tried to collect petrol for themselves -
petrol ignited and fire spread and foreseability of damage-res ispa loquitur nevus
actus intervenes-contributory -negligence.
Dungu Ventino Vs. Yusufu Kyeyune 1974 184

Accident-plaintiff sustained personal injuries when knocked down by defendants'
motor vehicle. Negligence driving-defendant pleaded contributory negligence-
Quantum of damages.
Barwogeza Joseph Vs. Attorney General 1974 185

Accident-negligence-plaintiff tractor driver injured while slashing a farm. Assurance
given after inspection of farm by plot marker that form was fit for slashing.
Plaintiff while slashing farm fell into a pit and injured-whether the defendants were
negligence-Decree of contribution-amount of damages.
Okole Yakobo Vs. Ainea Nsubuga 1974 186

Negligence-personal injuries-dislocation of the right leg and shock-swollen leg
maime of right ankle joint-scar wound on outside of the right ankle-joints of the
ankle could not be moved directly by mind-development of osteo-arthritis of right
ankle - plaintiff defendant's drivers' of plaintiffs' negligence-no explanation as to
cause of accident by defendant-doctrine of res ipsa loquitur - whether there was
any contributory negligence-the doctrine of "agony of the moment"-assessment of
general damages-claim for special damages-requirement of evidence.
Ndengayabo Patricia & Anor Vs. John William Mulaguzi 1974 270
Tort -personal injuries-negligence-contributory negligence-inevitable accident-
meaning and test applied -assessment of damages.
Namugera P.M. Vs. Uganda Bookshop Press & J.K. Bukenya 1974 28
Defamation-action for libel arising from letter of dismissal- defence of qualified
privilege.

Tort - negligence-driver of lorry not waiting sufficiently for boarding passenger to
assume safe position-contributory negligence-quantum of damages for fracture
of clavicle-Civil Procedure - witness in court throughout proceedings -whether his
Bagologoza David Vs. The Uganda National Parks Trustees 1974 23

Negligence-employee in game park gored by buffalo after bath-whether employer
had taken all reasonable precautions -whether compound should be have been
forced.
Lwanga Bernard Vs. Impressa Del Benaco 1974 78

Negligence-personal injury-loss of an eye-duty of employer to provide safe system
of work-assessment of general damages.
Page 445
Tundugwa L. Vs. The Coffee Marketing Board 1974 30
Negligence-personal injuries-fracture of lumbar vertebra, right ankle and bruises
and graze of the left leg-assessment of general damages. Negligence-doctrine of
res ipsa loquitur-whether doctrine must be pleaded.
Negligence-duty to provide safe system of work-what constitutes a safe or proper
system of work.
Nanteza Benadeta Vs. West Mengo Growers Co-operative Union Ltd & anor 1974 75
Negligence-duty to provide safe place of work-personal injuries-fracture of fibula
and malleoulus-likelihood of osteoarthitis developing in right ankle-future persistent
moderate pain-liability of parent body and its subsidiary-whether they were jointly
and severally liable-negligence-whether defendants were negligent-contributory
negligence-whether there was contributory negligence on part of plaintiff-quantum
of damages-assessment of damages-inflation taken into account.

Application/plaintiff sustained serious injuries when attacked by buffalo in a camp-

Tort -negligence-duty of employer to provide and maintain safe system of work
and proper appliances-system out of order-failure by employer to repair-personal
whether employer liable -contributory negligence-assessment of damages.
Kimera Elimia Vs. Guardian Service Ltd 1974 292

Tort-negligence-personal injury -electric shock-plaintiff servant of the defendant
suffered electric shock while clearing a room with electric socket-whether
defendant negligent-the kind of evidence required -nature of precautions defendant
ought to have taken -whether defendant should have provided gloves to cleaners-
duty of employer.
Kidika Angelian Obwana Vs. Aspro Ltd & Anor 1974 132
Tort-fetal accident-claim by dependants under the Law Reform miscellaneous
Provisions) Act-age of deceased 57-whether he had any remaining working life-
Senguma Mirieri Vs. Peter Ogabo & Anor 1974 283

Tort-negligence-fatal accident-suit brought under the provisions of the Law Reform
(Miscellaneous Provisions) Act, Cap.74 of the Laws of Uganda-whether claim of
damages was for benefit of the members of the family - quantum of damages.
Mbabazi Irene Vs. Securicor (U) Ltd 1974 295

Tort-negligence-fatal accident-plaintiff brought action for general damages on
behalf of herself and other dependants under the Law Reform (Miscellaneous
Provisions) Act-assessment of damages.
Ayume Sabino Vs. Kilembe Mines Ltd 1974 295

Tort-negligence -personal injury claim-quantum of damages.
Page 446
Naigala Julia Vs. Attorney General and Anor 1974 288
Tort-negligence-fatal motor accident-plaintiff suing for damages resulting from the
death of her husband under the law reform (Miscellaneous Provisions) Act Cap.74
of the laws of Uganda-filing a defence out of time-quantum of damages.
Mulowoza Edita Vs. Muhamudu Lunyomo 1974 77

Negligence-action by widow of deceased-assessment of general damages-
ratio on expected life span in E.A.
Kyahulwa Salepio Vs. Erias Sentongo 1974 180

Fatal accident-negligence-plaintiff brought this action for damages against
defendant and or his driver or agent for fatal injury to a school girl aged six years
while returning from school-whether driver was negligent. Whether deceased
wholly or partially contributed to the accident-breach of statutory duty quantum
of damages-loss of expectation of life.
Bumba George William Vs. Philip Okech 1974 273

Tort-negligence-personal injury claim-head injuries leading to blindness-whether
diabetes mellitus resulting in blindness was a direct and foreseeable consequence
Mubiru Christopher & Ors Vs. Uganda Electricity Board 1974 47

Negligence-contributory negligence-assessment of general damages-dependants
of deceased suing-Law Reform (Miscellaneous Provisions) Act Cap.74-Traffic and
Road Safety Act 1970-interpretaion of the word "owner" -ss.49 and 186 (1) of the
Act.
Nakyanzi Nuliyati Vs. Kampala City Council 1974 36

Negligence-suit by minor/dependant of deceased -Law Reform (Miscellaneous
Provisions) Act (Cap.74) -Civil Procedure-requirement for statutory notice-Civil
Procedure and Limitation by limitation period prescribed.
Kasa Jairesi Vs. A. Kizito & Mbarara Transport Company 1974 41

Negligence-cyclist knocked down by lorry-no clear evidence liability for negligence-
apportionment of liability.
Mubiru Namusoke Maria Vs. Kampala Bus Service Co. 1974 107
Negligence-assessment of damages-where there was no clear evidence as to who
was to blame-liability for negligence-apportionment of liability-Damages-Law
Reform (Miscellaneous Provisions) Act - assessment of general damages where
deceased's age was about 40 years.
Bitalangi Francis & Two others Vs. National Sugar Works Limited 1974 39
Negligence-personal injuries-assessment of general damages.
Baligeya William Vs. Uganda Park Business & Transport Company 1974 44
Negligence-personal injuries-assessment of damages.
Habimana Andrew Vs. Uganda Sugar Factory 1974 45
Page 447
Negligence-personal injuries-assessment damages.
Joel Philip Vs. Sterling Astaldi (U) Ltd 1974 48

Negligence-personal injuries-damage to nerve-assessment of general damages.
Kamuhanda Joseph Vs. B.Masajagi & Anor 1974 68

Negligence-personal injuries-assessment of damages.
Egesa Patrick Vs. The East African Saw Mills Ltd 1974 76
Negligence-personal injuries-damage to fingers and metacarpals-determination of
liability - assessment of general damages.
Nakintu Keti Vs. Mpalampa Musisi 1974 79

Negligence-personal injuries-assessment of general damages.
Mwanje Yonasani Vs. John B. Mirundi 1974 211

Tort-personal injury claim-assessment of general damages.
damages and inadequacy of evidence adduced- duty of an advocate.
Kakoza Frasiko Vs. Luben Luinda 1974 261

Tort-personal injuries-assessment of damages.
Kiwanuka Kosiya Vs. Uganda Transport Co. Ltd 1974 269

Tort-negligence-personal injury claims-quantum of damages.
Baryeyekoraho Jackson Vs. Kilembe Mines Ltd 1974 43

Negligence-personal injuries-fracture of the right illiac bone -contributory
negligence-assessment of general damages.
Byabangi Pius Vs. Uganda Cement Industrial Ltd. 1974 42

Negligence-personal injuries-fracture of right clavicle and compound fracture of left
tibia and fibula-assessment of general damages.
Iga Herbert Vs. Energe Project (Engineering & Contracting Company) 1974 41
Negligence-personal injuries -head injury-assessment of general damages.
Ruhogoto Vs. James Kafeimaisho 1974 286

Tort-negligence-personal injuries-injury to knee and hand-assessment of damages.
Odongo Youngson Remmy Vs. Kampala City Council 1974 77

Negligence-personal injuries -injury to left leg-assessment of general damages.
Hawaga Samuel Vs. Christopher Bisuti 1974 24

Negligence-personal injuries -injury to spine -paralysis of lower limbs-impotence-
paralysis of bladder-assessment of general damages.
Bawulire Emmanuel Vs. Simon Joseph Magembe 1974 24
Page 448
Personal injuries-injury to spine-total lack of sensation in lower part of body-
Ojul Nasse Vs. Rev. Fr. J. Stracter & Attorney General 1974 232
Tort-negligence-personal injury claim-loss of right arm-pain and suffering -quantum
of damages.
West Mengo Growers Co-operative Union Ltd Vs. Robert Kiyaga 1974 221
Negligence-personal injuries-loss of thumb and two fingers -injury to other fingers-
whether fall in the value of money and the rise in the cost of living should be
considered in determining the quantum of damages-reduction in the award of
damages.
Ndawula Godfrey Vs. Byekwaso Musisi 1974 236

Tort-negligence-claim for personal injuries-fracture of leg and wounds on the back-
loss of one tooth with multiple abrasion -quantum of damages.
Mahungiro Fenekansi Vs. Mukasa Salongo 1974 71

Negligence-personal injuries-simple fracture of upper right femur -simple fracture
of middle left femur -compound fracture of left tibia and fibula-residual disabilities-
malunited left femur (angulated backwards)-malunion of fracture of left tibia and
fibula. The leg is angulated backwards-malunion of right femur with lateral
angulations.
Lwasi Erasi Vs. Uganda Transport Company Ltd 1974 260

Tort-personal injuries-claim for damages -defendant denied liability for alleged
accident-whether defendant liable.
Pope John's Hospital & Anor Vs. Baby Kasozi by A.K. Kasozi his next friend 1974 49
Negligence-baby's eye blinded during forceps delivery at birth-whether doctor was
negligent-standard of care of professional man-whether higher than that generally
in negligence-res ipsa loquitur whether the doctrine applied to dangerous
operations.
Bitumutaka Appolinali Vs. The Trustees of Uganda 1974 96

Professional negligence-whether sclopel was the correct instrument to use for the
particular operation-whether correct action had been taken upon such breaking-
refusal of plaintiff to have further operation.
Katebalirwe Bonefansio Vs. Kilembe Mines Ltd 1974 210

Tort-negligence-claim for personal injuries-plaintiff failed prove negligence against
the defendant-whether defendant would be liable. Jurisdiction-claim based on
the loss of a tooth moderate pain and suffering for a few days - whether action
would be instituted in the High Court.
Ojok Marko Vs. West Acholi Co-operative Union 1974 130

Tort-negligence-doctrine of res ipsa loquitur-machine bursting into flames -whether
doctrine applied.

Traffic -motor accident-the National Insurance Corporation nominal defendant-s.44
Page 449
(1) (a) of the Traffic and Road Safety Act-negligence-pleading -principle of res ipsa
loquitur - assessment damage.
Kiyaga Robert Vs. West Mengo Growers Corporative Union Ltd 1974 46
Negligence-breach of statutory duty to fence machinery-personal injuries-loss of
fingers-assessment of damages-ss.23 and 24 of the Factories Act.
Bogere Mohamedi Vs. Uganda Electricity Board 1974 152

Tort-negligence-child sustained injury from contact with fallen live electricity wire-
whether U.E.B negligence-whether strict liability doctrine of Rylands vs. Fletcher
applied -severe burns-assessment of general damages.

Traffic Accident-negligence-claim for personal injuries-plaintiff knocked down by an
unidentified at a road under construction -defendant liable under s.44(1) (a) of the
Traffic and Road Safety Act, 1970 as Nominal Defendant-quantum of damages.
Nyadoi Clementina Vs. E.A. Railways Corporation 1974 122

Civil Procedure -plaint-particulars to be stated -rejection of plaint for failure to
disclose a cause of action-vicarious liability -failure to state that servants were
acting in the course of their employment at the material time-O.7 r.1(e) and r.11(a)
of the Civil Procedure Rules-particulars of the defendant-employer alone sued-
whether it was necessary to disclose particulars (identify) of servants-O.7 r.7 r.1(c)
of the Civil Procedure Rules.
Uganda Park Business & Transport Co. Vs. Idi Salongo & Anor 1974 147
Negligence-vicarious liability-whether co-operative society vicariously liable for
negligence of one of its members when operator's licence issued in name of
society -Traffic and Road Safety Act ss.91-2.
Serwadda Vincent Vs. Attorney General 1974 29

Wrongful seizure of and damage to private motor vehicle by soldiers -Proceedings
against the Government (Protection) Decree 8/1972-whether government immune
from suit.
Lumu Laurensio Vs. Lindo Musoke 1974 19

Trespass-suit for damages for trespass to land-plaintiff registered owner of disputed
land but sold to defendant-status of agreement of sale land-ss.51 and 91(2) of the
Registration of Titles Act Cap.205.
Lumu Emmanuel B.S. Vs. Amin Singh Sood 1974 64

Action for recovery of land-whether defendant obtained title to land the subject of
suit-requirement of the Minister's consent -s.2 of the Land Transfer Act.

Page 450
Mukwenda Joyce Vs. Toro District Administration 1974 32

Tort - suit for damages for assault and attempted rape-vicarious liability of master
for servant's acts-tests for liability-whether liable in tort for servant's attempted rape-
award of exemplary damages and assessment of general damages.
Kawes Mikidadi Vs. The Attorney General 1974 93

Tort-arrest of person attempting to escape -man shot by policeman -arrest by
warrant-whether government liable-Proceedings against the Government
(Protection) Decree 1972-Government Proceedings Act Cap.69 s.4(5) -Police Act
Cap.312 s.26(B) ( c) - Criminal Procedure Code s.15-whether excessive force
used to prevent arrest-injury to neck and shoulder-assessment of general damages.
Walala J.A.B. Vs. E. Buganda District Administration 1974 285

Tort - unlawful arrest-false imprisonment -compensation - damages.
Natongo Arima & Ors Vs. Hiral Mohamed 1975 2

Tort-negligence-duty of care-heavy vehicle loaded with potentially danger
substance (petrol) and parked on wet and muddy murram verge-whether there was
negligence -standard of care- whether the greater the potential danger, the
greater the duty of care-Petroleum (conveyance by Road) Rules, 1959, r.4-res ipsa
loquitur- circumstances when it could be invoked-nuisance-whether negligence was
an essence -whether criminal act was a necessary ingredient-public/common
nuisance-s.156 of the Penal Code -evidence-credibility of witness-whether
appellate court could reverse trial court's finding on credibility -nevus actus
interviews -principle involved-criminal striking of match by third person thereby
igniting petrol-whether foreseeable-long interval between leakage and outbreak
of fire.
Attorney General Vs. Barwogeza 1975 1

Tort-negligence-employer's negligence resulting in injuries sustained during the
course of employment -accident due to dangerous premises of work-employer's
duty to provide a safe place of work-the test in negligent cases-foreseeability -
contributory negligence -vicarious liability -damages.
Iga Vs. Agip (U) Ltd and Ors 1975 14

Tort-negligence resulting in personal injuries-contributory negligence-quantum of
damages-remoteness of damages-whether it was permissible for an injured
workman to institute a Civil action in tort to recover damages for injuries in respect
of which he had received reparation under the Workmen's Compensation Act-s.25
(1) ( c) of the Workmen's Compensation Act-s.25(1) (c ) of the Workmen's
Compensation Act-duty of an advocate.
Page 451
Satti and 2 others Vs. Sabenga 1975 16
Trot-negligence-claim for personal injuries, shock and pain-quantum of damages.
Erasimus Juma Vs. Steel Corporation of East Africa 1975 17

Tort-negligence-plaintiff sustained personal injuries when he fell into an open pit
full of very hot liquid-whether defendants negligent-duty to maintain a safe place of
work -breach of statutory duty- s.27 (1) of the Factories Act - the Workmen's
Compensation Act-whether negligent while driving tractor-assessment of damages.
Lubowa Henry Vs. Stanley Smolen 1975 19

Tort-negligence-contributory negligence-Law Reform (Miscellaneous Provisions)
Act Cap.74 -various liability -the principles applicable-whether there was a
distinction in principles applicable-whether there was a distinction in principles of
liability between where negligent driver was agent of vehicle owner and where
negligent driver was servant of vehicle owner-employer/employee relationship -
scope of employment-driver/servant given flexible hours of work-whether employer
liable-joinder of parties whether there was need to join employer and employee as
joint tort-feasors-damages-special damages-need for specific proof.

Tort-negligence-personal injuries-loss of foot-damages-quantum -whether amount
awarded adequate.
Kisaka Mangada Vs. Securior (U) Ltd 1975 48
Tort-negligence-res ipsa loquitur-effect and application of the maxim-quantum of
damages.

Odeke Odolo Vs. Teso District Administration 1975 60

Tort-unlawful detention-unlawful arrest-whether lawful arrest at inception could be
subsequently unlawful-quantum of damages-Protection of right to personal liberty
and Protection to secure protection of law under article 10 and 15 of the 1967
Uganda Constitution-duties of Chiefs and powers of arrest under section 40(2) and
83 Local Administrations Act, 1967, and going armed in public s.71 of the Penal Code.
Mustafa Ali Vs. Sango Bus Company 1975 91
Page 452
Tort-fetal accident claim-whether a brother of deceased had a cause of action ss.7
and 8 of the Law Reform (Miscellaneous Provisions) Act-Law Reform - Civil
Procedure -rejection of plaint-O.7 r.11 (a) -whether plaint in a fetal accident claim

Tort - fatal accident claim under the Law Reform (Miscellaneous Provisions Act-
Law Reform-assessment of damages-whether funeral expenses recoverable -

Civil Procedure -the question of limitation raised as a point of law in a preliminary
issue -whether permissible under O.6 r.27 of the Civil Procedure Rules - whether
the action for unlawful arrest and unlawful detention are time barred for ever-ss.2
and 4 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969-
Interpretation of the sections-tort-unlawful arrest and unlawful detention-claim for
damages-whether cause of action for damages-whether cause of action arises on
the date of imprisonment of the person to whom the cause of action accrues-
protection from deprivation of property under Article 13(1) of the Uganda
Constitution.

Civil Procedure -O.22 r.1-withdrawal or discontinuance of suit-O.22 r.1 does not
talk of dismissal-principle governing vicarious liability.


quantum of damages.
Ojwanga Kamu & Others Vs. Joseph K. Opoya 1975 160

Page 453
Asinde Solofia Vs. Onyango Dominic 1975 162
Tort-negligence-fatal injury claims-distinction between fatal accident claim and
personal injuries-quantum of damages -ss.7 and 8(2) of the Law Reform
Miscellaneous Provisions) Act.

Wafana Eric John Vs. Bugisu District Administration 1975 164

Tort - personal injury claim-unlawful arrest and detention -quantum of damages.


Assault-criminal and tortious assault-damages for injuries sustained during assault-
miscarriage of justice resulting from trial magistrate being related to one of the parties.
Adam Bin Ramadhan Vs. East African Railways Corporation 1975 195
Tort-negligence-defendant accepted to transport plaintiff's cattle for an agreed sum
under owners risk-contract-plaintiff alleged the defendant performed his part of the
contract so negligently that four of the plaintiffs' cattle died on transit - willful
misconduct under section 12 of Tariff Book No. 5 of East African Railways-
misconduct not pleaded and relied on at the hearing-whether defendant liable.

Tort -unlawful arrest - false imprisonment - assault-malicious prosecution-by the
Nabirye Anastansia Namugere Vs. Thomas Baasi Francis Leprosarium 1975 215
Tort-damages-personal injuries-plaintiff aged 16 suffered head injuries, right arm
Page 454
paralysed and leg damaged-general damages of 120.000 warded.
Tort-negligence-duty of care-duty of motorists to take adequate precautions to

avoid collision and to safeguard other motorists on the road.
Tort-joint tortfeasors - liability-each joint tortfeasor liable for whole sum award but
plaintiff not to recover in aggregate sum over that awarded.
Tindimuraho & Ors Vs. Uganda Transport Corporation 1975 231

Tort-negligence-Res ipsa loquitur-application of doctrine-vehicle burst tyre and
overturned -defendant failed to explain cause of bursting-duty to keep vehicle in
good repair-doctrine applicable and defence of inevitable accident inapplicable.
Tort-negligence-personal injuries-fracture of right radius-award of shs.65,000 -

fracture of left tibia and fibula leading to deformity leg and left ankle joint-award of
shs.40,000 - mild head injury and injury to pelvis and right joint-award of shs.6,000-
fractured femurs-award of shs.60,000 - compound comminuted fracture of leg for
which a below-knee amputation performed-award of shs.90,000.


are stated.
Tort -defamation-absolute privilege-whether communications between junior officers

of state covered-communication from on state official to another state official
doctrine - whether can be strenched to apply to junior state officers - local
administrations Act s.84(c ) confers only qualified provilege.
Tort-defamation -qualified privilege - malice evidence thereof - communications

made by county Chief in letters without verifying truth thereof-false criminal and
treasonable imputations against plaintiff in letters by county Chief-defence fails.
Besweri Noah Kitaka Vs. The Attorney General 1975 267

Tort-negligence-duty of care-night - watchman fell into pit while on duty within
premises -employer-provided on tourch owing to general scarcity of battery cells-
premises not lit that night due to general failure of electricity in the area-night-
watchman was found to report for duty at 5.00pm and would have seen the pit but
arrived at 8.00 p.m. and did not see it- employer not negligent.
Rukambuza Eryeza Vs. Onesefere Nyakoojo 1975 287

Tort-malicious prosecution-basis for liability-defendant liable when he knowingly
Page 455
makes false report to police and court-appellant and respondent had a fight and was
not clear who struck first and who acted in self defence-whether respondent not
justified in reporting to police for assault-whether liable where police makes its own
investigations - other essentials for action.
Mugumuza Asadi Vs. Agip Petrol Station 1975 290

Tort-negligence -master and servant -negligence of servant - liability of master to
third party for acts servant -act within scope and course of employment -meaning
of "in the course of employment" - unathorised mode of doing authorised act -
servant employed at garage to service customer's cars drives car and causes
accident-accident in course of employment although servant expressly prohibited
from driving customer's cars.
Asile Juma Vs. Nyanza Textile Ltd 1975 294

Tort-Negligence - duty if care-duty of employer to provide safe plant and appliances
for employee's use at work-plastic container used for testing and mixing sulphuric
Aid collapsed and employee slipped and fell in mixture of Acid sustaining injuries-
container unfit for purpose-breach of duty.
Tort-Negligence - Res ipsa - Employer bound to make specifications to manufacture
for suitable appliance and also in better position to detect latent defects-container
neither suitable nor fit-No explanation given by employer-maxim applied.
Alaka Yasini Vs. West Nile District Administration 1975 325

Tort-damages-exemplary damages-awarded where there has been oppressive,
arbitration or unconstitutional action of government servants.
Tort-vicarious liability-Local Administration held vicariously liable for acts of Chief

in course of employment-chief assaults plaintiff in course of collecting tax.
Kabugo Fukasi Vs. Attorney General 1975 351

Tort-vicarious liability -master and servant - test whether defendant master depends
on whether contract of service exists - factors to be considered.
Tort-vicarious liability-delegated service-liability - for acts committed during process

of carrying out service-Uganda Government delegated to WHO (International
Organization) to carry on vaccine programme - Uganda Government held jointly
liable with WHO for negligence if proved.

Tort-negligence -safe system of work -duty of employer to provide employee with
cleaned and worn out gum boots provided to employee-employee-employee slipped
and sustained injuries - employer in breach of duty.
R. K. Kasule Vs. Makerere University Kampala 1975 391

Tort - unlawful arrest, detention and assault - damages awarded.
Luggya Christopher Vs. Attorney General & Ogwany 1975 385

Tort - vicarious liability - liability of Attorney General plaintiff ought to prove act done in
course of employment.
Page 456
Sawuya Nakate Vs. Aloyzio Kamenyere 1976 14
Tort-Negligence-Act of third party-property set on fire by third party - Act not
foreseeable.
Tort - trespass - ground of necessity - acting under power of statutory duty - duty of
trespasser - justifiable trespass.
Kintu Lazaro Vs. Madhvani Sugar Works 1976 26

Tort - Negligence - sage system of work - mode of doing work dangerous - employer
negligence in failing to provide eye protective.
Walimbwa Lawrence Vs. Gutaka Erukana 1976 28

Tort - Seduction - damages - extent of - proper heads of damages include dimunition
of bride price expected and expense for maintenance of child-School fees not
recoverable.
Tort - Seduction - Proof - medical evidence of pregnancy, relevant dates as well as

producing child in court necessary.
Busulwa K. Samuel Vs. E.B. Kakongoro 1976 63
Tort - defamation - defamatory statement - accusing a teacher of organising a
strike - whether defamatory.
Luka Kapapi (suing by his next friend B. Nanyanzi) Vs. Hogg Robinson & anor 1976 65
Tort-negligence-duty and standard of care required of motorist-accident at trading
centre/township - motorist to be extra cautious at such places.
Zirabamuzare P. Vs. Bireke Alozio 1976 104

Tort - false imprisonment - claim for damages-respondent arrested, remanded on
order of court, prosecuted and acquitted - action for false imprisonment instituted
against party who instigated prosecution-no cause of action where detention is by
order of court - proper remedy action for malicious prosecution.
Kaggwa Mukasa Godfrey Vs. Kikojjo B. Lawrensio 1976 95

Tort-Res ipsa loquitur - application of doctrine - accident on highway involving two
vehicles - evidence showing negligence - whether doctrine applicable.
Mulondo Lovinsa Nnalongo Vs. Leo Mukasa Bulera 1976 100

Tort - negligence -duty and standard of care of driver - duty towards children of tender
years - driver must take extra precautions-speed is not negligence ipso facto but
relevant factor in particular circumstances - duty of driver to balance risk against
consequences of not assuming risk - driver faced with sudden emergency must act
as prudent and competent driver - vicarious liability.
Semakula Edirisa Vs. Attorney General 1976 179

Tort - unlawful arrest, false imprisonment malicious prosecution and conversation -
arrest for hoarding commodities-the plaintiff having proper receipts-detention at army
barracks and then at police station-charged in court but charge later withdrawn and
not reinstated-goods detained not returned to plaintiff-whether malice established -
whether malicious prosecution proved.
Ssejjoba Geoffrey Vs. Rev. Rwabigonji Patrick 1977 37
Page 457
Tort -defamation - a defamatory statement is one which has a tendency to injure the
reputation of the person to whom it refers by lowering him in the estimation of right-
thinking members of society generally and in particular to cause him to be regarded
with feelings of hatred, contempt, ridicule, fear, dislike and disesteem.
1977 38
Tort-defamation typical examples of defamation are an attack upon the moral
character of the plaintiff, attributing to him any form of disgraceful conduct such as
crime, dishonesty, and cruelty or casting a reflection upon the witness or capacity
of the plaintiff in his profession or
Tort-Defamation -defences-justification-where the defence of justification has been put

in a case of defamation, the burden is on the defendant to prove that the statements
contained in the publication were true.
Tort - defamation - defences-qualified privilege - defendant has to show that the

publication was made in the discussion of his public or private duty, both legal and
moral - for the defence to succeed the statement must be shown to have been made
honestly and without any indirect or improper motive which in law is referred to as
"malice"-a statement is malicious when it is made for same purpose other than the
one for which the law confers the privilege of making it.
Tort-defamation-qualified privilege-it is not necessary for the plaintiff to prove

affirmatively what the defendant's improper motive was, all he needs to do is to
disprove the existence of a proper motive.
Tort-libel libel is in all cases actionable per se and no proof of damage is necessary
but, if damage is suffered then this aggravated the wrong and increases the damages
to which the plaintiff is entitled.
Makerere University Vs. Daudi Kasiringi 1977 25

Tort-wrongful arrest-there is no distinction between the power of a police officer and
of a private person to arrest a person he suspects to having committed a felony-
the tort of wrongful arrest is committed when the police officer or private person
arresting has no reasonable grounds for the suspicion.
Imina John Vs. Arua Town Council 1977 28

Tort-vicarious liability-liability of master for servant's act done in course of his
employment-once it is proved the servant was employee of master there is
presumption that he was in course of his employment-burden lies on the master to
prove the contrary.
Attorney General Vs. Haji Adam Farajara 1977 29

Tort-wrongful arrest and detention-malicious prosecution respondent arrested allegedly
for overcharging -kept in custody for over night-his shop closed for 30 days and
licence taken away-he was charged in court-charge later withdraw and not reinstated-
whether malicious prosecution proved.
Mukasa John Francis Vs. Yoweri Mayanja 1977 92

Tort-Negligence Duty and standard of care required of motorists -collision on a high
way - driving at a high speed - whether driver negligent.
Page 458
Bahinzi Paskali Vs. d. Kibandama 1977 91
Tort-Rule in Rylands V. Fletcher - its applicability - construction of a water drainage
pipe to channel water from top of a roof - water spread and percolated into foundation
of a house - whether rain water from a roof is a non-user of land and whether rain
water escaped form the pipe.
Tort - nuisance-whether the construction of water drainage and spreading of this water
into the neghbour's property used injury to the property or substantially interfering
with the use of property.
Ndula Peter vs. Attorney General 1977 78

Tort -vicarious liability -course of employment-police constable took away master's
car without employer's permission-knocked down the plaintiff- whether act done
within course of his employment - whether Attorney General could be held vicariously
liable.
Tort - Negligence -run down case-whether the defendant's driver was negligent-
whether the plaintiff was contributory negligent.
Uganda Transport Co. Ltd Vs. E. Bugimbi Kijjere 1977 77

Tort - vicarious liability-course of employment - committed assault in course of
employment - whether master liable for servant's actions.
Nagawa Mariam Hajati Vs. Paulo Kajubi and Another 1977 84

Tort-Trespass to property -claim of costs of repairs -claim of loss or rent - damage to
a house due to workmen's negligence-employers liable-vicarious liability.
Owiti Andrew Vs. John Opio 1977 124

Tort - conversion - conversion of society funds.
Mubiru Yusufu & 3 others Vs. Attorney General 1977 140

Tort - negligence - failure to keep a proper look out when merging from a minor road-
high degree of caution needed by a driver coming out of the side road on to the main
road.
Tort - vicarious liability - where driver is found at time of accident driving master's car
presumption is that he was driving it in course of employment unless contrary is
established.
Kamya Charles Vs. Arua Motor Dealers (1971) Ltd. 1977 134
Tort - Negligence - vicarious liability - master and servant - liability of master for
negligence of servant.
Kindi Eria, Zizinga Albert Vs. Makerere University Kampala 1977 180
Tort -false imprisonment - where a private person arrests a suspect and hands him
over to the police he cannot be liable for subsequent detention by the police -
Criminal Procedure Code s.29.
Tort - malicious prosecution -where prosecution is instituted by police after

investigations the person giving information is not liable for malicious prosecution
unless the information was given with malice.
Page 459
Tort - unlawful arrest - plaintiff arrested by private person when found with suspected
stolen property- plaintiff handed over to police - no theft established - whether arrest
was unlawful - law governing arrests found in s.28 C.P.C.
Tort - unlawful arrest - liability of private arrester without a warrant - no liability when
he arrests on reasonable and probable cause of suspecting a felony to have been
committed.
Nakyagaba Benaleta Vs. Attorney General 1977 186

Tort - negligence - a head - on collision accident in the middle of a clear day and
straight road - both drivers at fault - plaintiff can sue and recover fully from anyone
of the two tort factors.
Baryaawo Simon Vs. The Attorney General 1977 191

Tort - negligence - plaintiff fell off a tractor - no explanation offered as to how accident
happened - inference that driver was driving carelessly and fast not rebutted -
negligence of driver and vicarious liability of defendant.
Tamale Joseph Vs. Uganda Publishing House Limited. 1977 194

Tort - negligence - a run down suit - the defendant never explained how he knocked
a cyclist on the edge of the road - a prima facie case of negligence established
against the defendant.
Tort - vicarious liability - the General Manager given a car for his personal use - car
involved in an accident on a Saturday afternoon - whether the employers liable.
Katayomba Amos Vs. Uganda Securiko Limited 1977 178

Tort- vicarious liability - an act may be done in the course of a servant's employment
so as to make his master liable even though it is done contrary to the orders of the
master.
Tort - vicarious liability - an employer is still liable for the tortuous acts of his servant
even if the servant acted dangerously recklessly or for his own benefit so long as he
was on his master's duty when he inflicted the tort.
Olango J. W. & Another Vs. Uganda Transport Co. 1977 249

Tort- negligence - contributory negligence - failure to look out for other traffic by a
person traveling on main road amounts to contributory negligence if accident occurs.
Tort - negligence - accident caused by overspending - speed alone is not negligence

unless it is coupled with other circumstances.
Namata Geturida Vs. National Housing Corp. & 2 Others 1977 245
Tort - vicarious liability - master and servant - liability of master for negligence of
servant - accident to unautorised passenger in non - passengers - whether master
vicariously liable.
Tort - negligence - accidence on a straight road - wet and drizzling - servant driving
too fast - accident and injury to unauthorised passenger - whether passenger
trespasser.
Page 460
Maiteiki Saudi Vs. Maritime Forwarders (U) Ltd. 1977 254
Tort - negligence - duty of employer to employees negligence - it is duty of employer
to provide safe working conditions to avoid subjecting his employees to unnecessary
risks.
Ssajabi Benjamin vs. Attorney General & Mwangi John 1977 329
Tort - negligence - causation - plaintiff's vehicle damaged by 1st and 2nd defendant's
vehicles - acts of second defendant a direct result of 1st defendant's collision with
plaintiff's car - conduct of 1st defendant cause sine qua non of damage to plaintiff
and his vehicle - 1st defendant wholly liable.
Tumwesigye Jackson Vs. National Insurance Corporation 1977 305

Tort - negligence - contributory negligence - plaintiff knocked down by vehicle off the
tarmac - plaintiff not walking in middle of the road - whether contributorily negligent.
Zikampata Erika Vs. Uganda Libya Trading Co. Ltd 1977 309
Tort - negligence - employer under duty to provide safe systems of work - failure to
provide safe system of work amount to negligence.
Sebaggala Abdu Vs. Attorney General of Uganda 1977 332

Tort - negligence - duty of employer to take reasonable care for safety of employee at
Common Law - employee bitten by snake in course of employment - liability of
employer - employer not liable for accident outside normal experience and not
reasonably foreseeable - employer not liable for damage suffered by employee from
ordinary risk of service in absence of negligence of employer.
Anguzu Simon Vs. Henry Diku 1978 47

Tort - assault - plaintiff assaulted by defendant and his askaris while resisting lawful
arrest - reasonable force used in arresting - whether defendant liable.
Tort - defamation - plaintiff arrested on allegation that he had eloped with defendant's
wife - claim that defendant defamed him - plaintiff arrested on sufficient grounds that
he had committed offence of elopement - whether defamation established.
Tort - wrongful arrest - plaintiff arrested by sub-county chief on information that

plaintiff had eloped with is wife - chief has power to arrest person suspected of
having committed congnisable offence - s.40 Local Administrations Act - elopement is
a congnisable offence - whether defendant had power to arrest plaintiff.
Ssonko Gerald Vs. Okech Tom 1978 36

Tort - defamation-libel - general impression of the words on the right thinking person to
be considered before determining whether words are defamatory or not.
Tort - defamation - libel - alleged defamatory letter published to the people with
interest in the matter being written upon - whether letter written on a privileged
occasion.
Tort - defamation - libel - defance of privileged occasion - occasion is privileged it not

actuated by wrong motive or malice.
Page 461
Olegum Joseph Vs. Messrs Kavuma's Motors Ltd 1978 41
Tort - negligence - driving at night at high speed, failing to dip lights in the face of
oncoming traffic, trying to overtake at high speed in a dangerous situation when
approaching car too near to be avoided - whether these amount to negligence.
Kawuma Christopher Henry Vs. Coffee Marketing Board 1978 43

Tort - negligence - it is the duty of every employer to provide safe conditions for those
working on his machines including those whose duties require them to repair and
maintain the machines - failure to provide precaution evidence of negligence.
Sabani Yusufu Vs. Erika Ganya Kiyuba Njuki 1978 53

Tort - negligence - meaning of negligence - duty of the defendant and failure to
perform it must be proved - accident while plaintiff was working beneath a vehicle -
plaintiff failed to prove what defendant as a reasonable man should have done to avoid
the accident complained of.

Tort - unlawful arrest, assault and imprisonment - suspect refused to supply information
to policeman and resisted arrest - arrest made with assistance of crowd - suspect
assaulted by crowd - policemen and Attorney General not liable for unsolicited and
independent actions of crowd.
Nyanzi Edward & Mawejje Anna Vs. Securicor (U) Ltd. 1978 92
Tort - loss of services of child - parent has right to claim for loss of service of minor
child.
Odongo Charles & 2 Others Vs. Uganda Sugar Factory Ltd 1978 94
Tort - negligence - duty of employer to employees - an employer has duty to provide a
safe system of service for his workmen and is liable to them in damages if they are
injured as a result of his failing to so provide.
Kato Robson by next friend Livingstone Sekasi Vs. Erukana Kamya 1978 102
Tort - negligence - res ipsa loqauitur - lorry overturned and no explanation offered by
defendant - cause of accident unknown but negligence inferred from nature of
accident - res ipsa loquitur applicable - burden on defendant to produce evidence to
counter act inference of negligence.
Sembatya Samwiri Vs. Mengo District Administration & Bakabulindi Paulo 1978 114
Tort - master and servant - duty of servant to master's property - servant under duty
to protect master's property that is in immediate damages.
Tort - vicarious liability - 2nd defendant teacher in 1st defendant's school assaulted a
school boy from a different school-whether 1st defendant liable for tort of 2nd
defendant - whether teacher has authority to discipline and student irrespective of
whether student belongs to his school.
Epenyu Kenneth Vs. V.B.Tinkamanyire & District Commissioner Central Teso 1978 154
Tort - defamation a qualified or absolute privilege - fair comment - allegation of
corruption - letter under confidential cover whether occasion privilege.
Nakazi Consulate Vs. Dr. Y.B. Semambo 1978 147
Page 462
Tort - negligence - res ipsa loquitur - vehicle swerved to wrong side of road without
good reason - no explanation offered by defendant - no reason known why it did so -
presumption of negligent driving - res ipsa loquitur application.
Kawesa Dick Vs. Desire Nsereko & P.T. Nantaggya 1978 161
Tort - negligence - vehicle overturned due to high speed - whether high speed amounts
to drive vehicle with reasonable care.
Enginu S. Vs. Sipiriano Olinger 1978 153

Tort - seduction - whether tort of seduction is common and therefore part of customary
law of tribes in Uganda including Teso.
Sekitoleko Edirisa Vs. Attorney General 1978 193

Tort - defamation - libel - allegations in newspaper that the plaintiff was a robber and
beaten to death as such - defence of qualified privilege - malice to be inferred from the
publication of defamatory matter without justification - fair comment - words
complained of must be comment and not more assertions of fact.
Musoke Sabiti Haji & 2 Others Vs. Uganda Cooperative Savings Union Limited. 1978 191
Tort - negligence - defendant's car knocking stationary car and thereby causing death
and injury - no reasons given why the defendant's car collided with stationary car
when it could easily have by passed safely - inference that car recklessly and
negligently driven.
Kibedi Arajabu Vs. Uganda Sugar Factory Limited 1978 195

Tort - negligence - master's duty towards his servant a duty to his servant to take
reasonable care to provide safe system of work in addition to safe equipment - this
duty is breached when the master provides negligence fellow servants.
Tort - negligence - occupier's liability - occupier's duty under common law depends on
whether the person entering upon the promises is an invitee or licencee or a trespasser
duty - owed to an invitee is to take reasonable care that the premises are safe and the
the duty to a licence is only limited to not concealing a danger known or which the
occupier ought to have known, to exist but not a parent to the visitor - invitee need not
confer a pecuniary benefit to the occupier so long as he comes onto the premises
with the occupier's consent fort a common business.
Tort - occupiers liability - applicability of the common Law of occupier's liability to

Uganda - there is no logic to maintain the distinction between invitee and licencee for
the purposes of liability for negligence-the test for liability should depend of liability
for negligence - the test for liability should depend on whether the person injured was
lawfully on the promises and not on whether he was there on business or merely
permitted to be thereon.
Rutare Leonidas S. Vs. Rudakubana Augustine & Kagame Eric William 1978 243
Tort - defamation - for statement complained of as being defamatory actual words
must be set forth verbatim in the plaint - persons to whom publication is made to be
mentioned in plaint.
Nsubuga A. Vs. Kavuma P. N. 1978 307
Page 463
Tort - negligence - contributory negligence - child of tender years - such can be
guilty of contributory negligence - no age below which as a matter of law a child of
tender years cannot be guilty of contributory negligence - in each case the age of the
child is irrelevant in determining whether the child is guilty of contributory negligence-
child not guilty of contributory negligence if he merely indulged in the natural instincts
of a child of that age.
Tort - negligence - drivers - duty of drivers - a driver in a town - also be on the look out
for children running across the road.
Sempa Mukama s. Kaddu Sepiriya 1978 292

Tort - negligence - contributory negligence - perching on top of matoke in a lorry with
the possibility of being thrown off is not necessarily a voluntary assumption of that
risk or a contribution thereto if there has been no choice.
Tort - negligence - speeding - speeding per se is not evidence of negligence - however,

speeding a loaded vehicle so as to throw off a person amounts to negligence.
Annor Nalongo Vs. J. W. Kyeyune 1978 322

Tort - negligence - defendant filled and cemented old pit latrines on premises he rented
and turned it into bath rooms for tenants - both rooms collapsed while plaintiff taking
shower - plaintiff sustained injuries - defendant had employed agent to check, repair
and maintain premises - whether defendant liable in negligence for plaintiff's injuries.
Nanziri Moyi & Nankya Egulasi Vs. Kambaza Joseph 1978 304
Tort - negligence - inevitable accident - meaning of inevitable accident - burden of
proof of inevitable accident is on the person alleging it.
Tort - negligence - res ipsa loquitur - application of res ipsa loquitur - three conditions
must be fulfilled before maxim can be applied - effect of the application of res ipsa
loquitur is to shift the provisional burden of proof onto the defendant to displace the
case against him.
Tort - negligence - res ipsa loquitur - meaning of maxim res ipsa loquitur - means
that in the circumstances of the particular case, the facts adduced stand unexplained
and lead to a natural and reasonable, and not conjectural, inference of negligence on
the part of the defendant.
Tort - negligence - res ipsa loquitur - this is a mere rule of evidence to help the
plaintiff prove facts of the accident to establish a breach of the duty of care on the
part of the defendant without proving any particulars of negligence.
Kahwa Z. & Bikorwenda F. Vs. Uganda Transport Company Ltd 1978 318
Tort - negligence - inevitable accident - burden of proof - burden to prove inevitable
accident is on the defendant - defence must fail if there is no evidence in support
thereof.
Tort - negligence - res ipsa loquitur - maxim applicable where the cause of accident is
not established or known - effect of application of maxim is to establish a prima facie
Page 464
case against the defendant - burden on the defendant to displace that prima facie
case.
Bukenya Mary Vs. Akamba Public Road Service Limited 1979 13

Tort - negligence - Res ipsa loquitur - bus overturned - no explanation or defence
offered - whether doctrine of res ipsa loquitur applicable.
Miramago F.X.S. Vs. Attorney General 1979 24

Tort - negligence - res ipsa loquitur - doctrine applicable in the absence of reasonable
explanation as to the happening of an accident.
Agobe Samson Vs. Haji Juma Kayongo & Another 1979 45

Tort-negligence - res ipsa loquirur - doctrine applicable in the absence of evidence
explaining the happening of an accident and rebutting the presumption of negligence-
effect of doctrine.
Okolla Moro Vs. John Lablobo 1979 54

Tort - defamation - defenses - qualified privilege - meaning of qualified privilege -slander.
Mukasa Kasimu Vs. The City Council of Kampala 1979 93

Tort - negligence - respondent dug pits in middle of road, erected barriers on both
sides of road putting road out of use - barriers not clearly warning pedestrians -
whether respondent negligent - whether appellant who carelessly walked on road and
sustained injury guilty of contributory negligence.
Nakiwuka Edith, Yudaya Nabakoza, Rwabitoke Y. & 2 Ors Vs. Kiwanuka David 1979 97
Tort - negligence - speeding per se is not negligence but a driver who chooses to
travel at a high speed takes upon himself greater care to keep control over his vehicle,
and if he overturns as a result of overspending, then he cannot escape liability.
Kizito Habibu & 3 Others Vs. Boswa Edward 1979 101

Tort - negligence - res ipsa loquitur - vehicle overturned but no evidence given as to
cause of overturning - in the circumstances the doctrine of res ipsa loquitur would
apply - effect of application of res ipsa loquitur - in the absence of any evidence on
part of defendant, as the cause of the accident plaintiff's case is established on res
ipsa loquitur.
Kavuma Modern Vs. Kalyowa Sam 1979 134

Tort - defamation - defence of qualified privilege - Evidence of malice as a requirement-
communication from a Sports Association meeting - whether the making of the
communication in that behalf constituted a privileged occasion.
Tort - defamation - proof of damage to reputation - effect of failure to prove damage to
reputation.
Senyonjo Frederick Vs. Constitution Engineers and Builders, Packwach/Arua Road 1979 232
Tort - negligence - definition of negligence - traditional definition of negligence -modern
trend in defining negligence - negligence as a complex concept of duty, breach and
damage - modern definition originates from Donogue Vs Stevenson and the "neighbour
principle" - who is a neighbour.
Tort - negligence - contributory negligence - burden of proof of contributory negligence-
Page 465
burden lies on the defendant - not necessary to call evidence to prove contributory
negligence - it may be inferred from the plaintiff's evidence or primary facts as found by
court - the test of contributory negligence - whether or not the plaintiff failed to take
reasonable care of himself.
Nakalema Esther Vs. Continental Dry Cleaners Ltd 1979 217

Tort - Negligence - Contributory negligence - workman who while operating machine
pays little attention to his health is guilty of contributory negligence.
Tort - negligence - duty of employer to employee - employer's duty of care to employee

employee - need for proper supervision of new and inexperienced factory workers -
passive supervision of new and inexperienced worker using dangerous machines such
that the worker is injured amounts to failure to exercise reasonable supervision -
liability in negligence.

Tort- negligence - Res ipsa loquitur - when applicable - bus falling on its side - burden
on owner and/or driver to disprove negligence - effect of absence of explanation from
owner and/or driver.
Ongom George & Ongom Rose Vs. A.G. Akora Akubu & Owam Benjamin 1979 267
Tort - assault - violent beating, slapping and kicking - whether it amounts to assault.
Tort - trespass and conversion - whether attachment of exempted and immoveable

property which is not released amounts to trespass and conversion.
Tort - vicarious liability - Attorney General held vicariously liable for tortuous acts of
policemen and Government prison carpenters.
Lugogobe Samwiri Vs. Lukungu Hussein 1980 18

Tort - defamation - defences - defences to an action for defamation - justification -
where private matter or dispute is brought forth in public meeting not concerned there
with defence of justification does not arise - so also with the defence of privilege.
Tort - defamation slander - making of statement imputing the practice of witchcraft

which is a criminal offence under the withcraft Act (Cap.108) - slander actionable per
se.

Tort - Negligence - duty of care - duty owed by public body to the public - unfenced
excavation in market place next to common path - whether the public body responsible
for the excavation owed a duty to a member of the public who is injured thereby.
Tort - Nuisance - public nuisance excavation of pit in market place near a common
path left unfenced and without warning to public amounts to public nuisance.
Ssebuma Peter Vs. The Attorney General 1980 14

Tort - negligence - employer and employee - employer's duty - employer's duty to
ensure safe place of work - duly to take reasonable steps to protect employees from
injuries inherent in the work assigned to them - failure to fulfill duty amounts to
negligence.
Tort - negligence - employer and employee - employer's duty - employer's duty to
Page 466
ensure safe system of work - duty of employer to provide for employees who are
assigned duties involving use of dangerous substances - employer to educate
employees on repair of relevant tools - employer to provide protective material - failure
to fulfill duty amounts to negligence.

Tort - arrest and unlawful detention - plaintiff arrested and detained in a tiny congested
and wet cell with no beddings and no food - plaintiff told to remove shoes and not to
stand or squat - plaintiff not told of reasons for arrest, not issued with warrant of
arrest and not taken before court of law- plaintiff entitled to general damages for
inconvenience, indignity and discomfort.
Adimola Andrew Vs. Uganda Times Limited 1980 71

Tort - defamation - apology - effect of apology - its effect is that the allegations against
the plaintiff remain as if they recoverable losses including injury to feelings which is
usually assumed - injury to reputation - measure and basis of reputation.
Tort - defamation - damages - injuries arising out of defamation for which plaintiff is
entitled to recover - other recoverable losses including injury to feelings which is
usually assumed - injury to reputation - measure and basis of reputation.
Kigongo Charles Vs. Attorney General 1980 74

Tort - negligence-fatal accident - claim for damages for loss of dependency under the
Law Reform (Miscellaneous Provisions) Act-principles governing assessment of
damages thereunder-working and married son of deceased was a dependant -
dependency need not be total, it may be partial or minimal -apportionment of damages
of damages for dependents - principles applicable in respect of working and married
son, widow and younger children - principles set out in Amina Nalugya V. Uganda
Transport Corporation & Anor. H.C.C.S. No. 1541/73.
Sinzinuzi Andereya Vs. Gomba Bus Service 1980 49

Tort - negligence - contributory negligence - running down case - duty of prudent driver
in circumstances where there is a possibility of danger emerging on an otherwise clear
highway.
Tort - negligence - duty of care - standard of reasonable care expected of a careful

driver -violent skidding in absence of explanation from driver indicates failure to use
reasonable care and is evidence of negligence.
Serwanga Yonasani Mundu Vs. Attorney General 1980 60

Tort - vicarious liability - plaintiff shot at in a pub by policeman found insane at the
material time - no evidence as to what sort of duty he was employed on at the time -
whether Attorney General vicariously liable.
Katabarwa Lawrence Vs. Sammy W. Ziwa & Company Ltd. 1980 76

Tort - negligence - motor accident-the parking of a lorry on a slope in a private
premises by driver against warnings that the lorry was an allurement and danger to
children - whether a lorry is allurement - whether a lorry is allurement - whether the
lorry's being in good condition made it not a danger - parking on a step slope so that
a motor vehicle could start by itself may constitute negligence.
Page 467
Tort - negligence - standard of care in relation to children - where a person does what
will afford an inducement or an opportunity to children to run into danger, such person
must take precautions against such inducement or opportunity.
Tort - negligence - vicarious liability - meaning of "acting in the course of employment" -

presumption that a driver drives in the course of his master's/motor vehicle owner's
employment always unless rebutted by evidence - burden of rebutting presumption on
master/motor vehicle owner.
Nsibambi James Vs. Nankya Lovinsa 1980 81

Tort - trespass - trespass to land - whether a trespasser can stay on the land upon
payment of compensation.
Itzya F Vs. M.M. Mayanja 1980 109

Tort - defamation - libel - actionable without proof of any loss of reputation - where
words complained for were defamatory it is immaterial that the plaintiff has suffered no
loss of reputation.
Tort - defamation - qualified privilege - defence of qualified privilege arises where

communication complained of was made pursuant to a reciprocity of interests or due
to legal, social or moral duty - defense unavailable where the defendant acted
maliciously.
Teddy Y.H. Tem Vs. Uganda Times Newspaper Ltd & Another 1980 130
Tort -defamation - article published in Uganda Times Newspaper describing funeral of
the plaintiff's husband - last sentence of the article read " He was unmarried" - plaintiff
legally married to deceased and at time of his death they were living together -whether
article defamatory of the plaintiff - assessment of damages therefore.
Tegampenda Simon & 3 others Vs. T.M.K. 1980 147

Tort - negligence - failing to control the vehicle -jumping out of the vehicle - whether
these amount to negligence - whether master is vicariously liable.
Epupi Oboth Achew Vs. Uganda Electricity Board 1980 136

Tort - negligence - run down case - inevitable accident - what defendant has to show in
order to rely on that plea.

Tort - negligence - motor accident claim - burden of explaining accident on defendant
res ipsa loquitur - when doctrine of res ipsa loquitur applicable - conditions precedent
to the doctrine's application.
Mpanga Christopher & 2 Others Vs. Kawesa John 1980 131

Tort - negligence - doctrine of res ipsa loquitur - applicability of the doctrine - doctrine
of inevitable accident - doctrine of inevitable accident as rebuttal to plaintiff's reliance
on res ipsa loquitur.
Ddibya David Vs. Uganda Electricity Board 1980 119

Tort - negligence - misfeasance - attention to dangerous things - whether power
authority was guilty of misfeasance where broken electric cables were left un attended
to for a long time-power authority was liable in negligence when such cables caused
Page 468
electrocution of passersby.
Tort - strict liability - the rule in Rylands - Fletcher - distribution of electric power -
duty to take special precautions constant checks and instructions imposed on
distributor.
Nkunda Enosh K. Vs. Attorney General and Another 1980 118

Tort - vicarious liability - whether the second defendant was acting in the course of his
employment.
Yaya Amosi Vs. Attorney General 1980 120

Tort - trespass - trespass to moveable and immoveable property - unlawful forcible
entry into house and manhandling household property constitutes trespass.
Tort - vicarious liability - attack by armed and uniformed soldiers - whether such
soldiers were in the course of their duties.
Bazalaki Anthony Lt. Col. Vs. Ben Bella Ilakut & Uganda Times Newspapers Ltd 1981 36
Tort - Defamation - defamation by publication of plaintiff's picture together with others
wanted in connection with State Research Bureau activities - publication coincided
with an announcement in the same paper by then Minister of Internal Affairs that he
was going to ask the NCC to enact a law making it a criminal offence to have been a
member of the state Research Bureau or the Public Safety Unit - plaintiff played
important role in the war of liberation - was a major in UNLA and also a member of the
NCC - plaintiff placed under open arrest whether plaintiff entitled to damages therefore.
Lwanga Caroline Nakaye Vs. Uganda Transport Corporation & 2 others 1981 25
Tort - negligence - fatal accident - claim for damages for loss of dependency under the
Law Reform (Miscellaneous Provisions) Act - deceased aged 46 and earned
shs 5000/= per month - 9 reasonable multiplier.
Ngura John Vs. Attorney General 1981 39

Tort - unlawful arrest and false imprisonment - plaintiff detained illegally for 18 hours
and eventually released without being charged with any offence - plaintiff given food
and blankets and was not tortured or assaulted. Shs.5000/= general damages
reasonable award in the circumstances.
Avone Solomon Vs. Attorney General 1981 42

Tort - False Arrest and Imprisonment - imprisonment for 47 days and humiliation and
suffering on suspicion of being a member of the defunct State Research Bureau - not
an offence in Uganda - whether ground for lawful detention - assessment of damages
therefore.
Semakula Fenekansi Vs. Musoke Fred, John Musoke & another 1981 46
Tort - trespass and conversion - plaintiff sued defendants for conversion of the family's
property - whether entitled to bring action on property belonging to his wife and
children - whether what is important is possession of ownership.
Tort - trespass - whether action will lie where a warrant of attachment or other form of 1981 47
Page 469
execution of a decree is issued on a judgment that has been paid or satisfied before
issue of a warrant - persons against who it would lie - whether s.46(2) Judicature Act
creates additional action against court brokers for unlawful acts done while executing
a lawful warrant.
Sempa James Vs. Attorney General 1981 32

Tort - false imprisonment and wrongful arrest - whether Uganda Government liable for
acts of Tanzanian soldiers in Uganda in 1979/80 - effect of Legal Notice No.1 of 1979-
whether Government immune from suits under Legal Notice No.1 of 1979.
Mungecha Fred M. Vs. Attorney General 1981 34

Tort - wrongful arrest and false imprisonment - defendant arrested by Uganda Police
without a warrant of arrest and handed over to Kenya Police without any extradition
order - whether failure to comply with extradition procedure per se constitutes a tort
giving rise to a claim for damages.
Edul Matias Vs. The Uganda Times Ltd & Others 1982 45
Tort - defamation - accusation of a person having been a member of notorious and
dreaded State Research Bureau in Uganda is highly defamatory.
Wasswa Matia Vs. Uganda Commercial Bank 1982 38
Tort - detinue - unlawful seizure of motor vehicle - claim for loss of earnings and cost
of new vehicle.
Mukiibi Simon Vs. G.W. Rukanshonga 1982 35

Tort - defamation - qualified privilege - defence applicable where defendant had interest
in matter he communicated to third party - no libel in absence of evidence that
defendant actuated by malice - terms of communication - intemperance may raise
presumption of malice.
Tort - defamation - libel - accusation of having committed a serious crime amounts to

defamation.
Sebuliba Yosefu Vs. Ben Katenda 1982 56

Tort - negligence - death of a school child - claim for general damages for loss of
services and special damages by parent under the Law Reform (Miscellaneous
Provisions) Act (Cap.74) - parent must prove loss of services of deceased child.
Akwar Marino Vs. Richard Egwar & Anor 1982 62

Tort - defamation - defences - qualified privilege - report made to a chief by his subjects
on matter concerning them is privileged communication.
Tort - defamation - slander - imputation of witchcraft slander and actionable per se-
no defamation where plaintiff reputed wizard.
Ganafa Januario Vs. S. Baguma 1982 142

Tort - damage top chattels - assessment - measure of damages is amount used for
repair of damaged property - where property damaged beyond repair and cost of
repairing exceeds amount required to buy new one court cannot award more than
value of chattel unless chattel unique or incapable of replacement.
Butoro James Nsaba Vs. Munnansi Newspaper 1982 134
Page 470
Tort - defamation - libel - damage - factors which guide court in coming to proper figure.
Kizito Wycliff Vs. Libyan Arab Uganda Bank for Foreign Trade & Development 1982 126
Tort - negligence - personal injuries - motor accident - ownership of motor vehicle -
where vehicle is subject to hire purchase agreement "owner" is person in possession
of vehicle under Traffic and Road Safety Act, 1970 ss.49 and 186(1) (b).
Byekwaso Samuel Kaggwa Vs. Attorney General 1982 101

Tort - vicarious liability - acts contrary to orders - act may be done in course of
servant's employment and render master liable though done contrary to orders of
master.
Tort - unlawful arrest and false imprisonment - exemplary damages - may be awarded
where a person is detained for a long period, mistreated and no charges preferred
against him.
Mubiru D.S. Vs. The Co-operative Bank Ltd 1983 33

Tort - damages caused by motor vehicle - third party insurance - liability of motor
vehicle owner - motor vehicle owner can be sued independently of Motor Vehicle
(Third Party Risks) Insurance Fund.
Kityo John F. Vs. Attorney General 1983 56

Tort - exemplary damages - appropriate circumstances - where actions and behaviour
of soldiers extremely high - handed, oppressive, intolerable and undisciplined - award
of exemplary damages justified.
Tort - vicarious liability Orders - contrary acts - criminal activities done contrary to
order do not relieve master of liability once servant on official duty.
Kyambadde W.M. Vs. Mpigi District Administration 1983 44

Tort - unlawful arrest - exemplary damages - plaintiff's conduct arrogant, oppressive
arbitrary, conduct justifies exemplary damages.
Ntungwerisho & 14 Others Vs. Kakuhikire Charity 1984 31

Tort - injured persons - right against tort feasors - Motor Vehicle (Third Party Risks)
Insurance Fund Decree No. 5 of 1978 did not take away right of injured person at
common law to basically provided for indemnity for tortfeasors but did not abolish
primary liability to injured persons.
Mubiru John Vs. Attorney General & Anor 1984 46

Tort - unlawful arrest - where a person makes a complaint to the police and the police
make an arrest no cause of action for false arrest.
Tort - unlawful detention - where a person lawfully arrested in detained for an

inordinately long period without being taken to court detention unlawful.
Kafumbe Mukasa Abbey 'Vs. Attorney General 1984 33

Tort - vicarious liability - government - where soldiers carry out duty in an improper
manner government vicariously liable for conduct of soldiers.
Mugenzi Donozit Vs. Attorney General 1984 64
Page 471
Tort - vicarious liability - unauthorized acts - where servant carries out authorized duty
and in course of doing so does an unauthorized act employer liable for wrongful act.
Kwarakunde Patrick Vs. The Attorney General 1984 60

Tort - vicarious liability - unlawful arrest and false imprisonment - extortion - recovery
of money extortiously obtained from plaintiff by defendant's servants in course and
scope of employment to ascertain plaintiff's whereabouts and secure his release.
Tort - vicarious liability - unlawful arrest and false imprisonment - negligence - loss of
property due to negligence of defendant's servants in effecting arrest - recovery of value
of property.
Pan African Insurance Company Ltd Vs. Uganda Airlines Corporation & 2 Others 1985 53
Tort - conversion - land - tort confined to chattels or goods it being an act of deliberate
dealing in chattel in manner inconsistent with another's right to possession of it -land
not chattel or goods so tort not applicable to land.
T.M.K. Vs. Tigampenda & Anor 1985 32

Tort - master and servant - vicarious liability - master liable for tort committed by
servant if act though forbidden, tacitly allowed - where no evidence of knowledge of
master of disobedience of order not liable.
Tort -unauthorized passenger - vicarious liability - owner of vehicle owed no duty to

passengers whose presence neither authorized nor could reasonably foresee if injured
by servant's negligent driving - servant not agent of master where driver has clear
instruction not to carry passengers which he disobeys.
Tort - unauthorized passenger - vicarious liability - owner of vehicle owed no duty to

passengers whose presence neither authorized nor could reasonably foresee if injured
by servant's negligent driving - servant not agent of master where deriver has clear
instruction not to carry passengers which he disobeys.
Wanigina Alex Vs. Attorney General 1985 102

Tort - negligence - medical doctors - government not to be liable on more omission to
do sensitivity taste before injection - where however gangrene develops after
injection which cannot be explained government to be vicariously liable for negligence.
Mulindwa Yekoyasi Vs. Attorney General 1985 70

Tort - trespass - measure of damages - measure of damages is loss suffered by
plaintiff and not profit made by defendant as result of trespass - normal measures is
market rental value of property occupied or used for period of wrongful occupation or
user.
Tort - trespass - property - where no evidence that entry on suit premises and
continued occupation lawful occupation constitutes trespass and registered property
entitled to maintain action in trespass even if not in possession of property.
Nakabiri Elena & 2 Others Vs. Masaka District Growers Co-operative 1985 38
Tort - trespass - party entitled to sue - only party in possession of suit property
entitled to sue for trespass - reversioner only has cause of action if his or her
reversionary interest injured - this fact to be pleaded in plaint with details of alleged
Page 472
damage.
Okwajja Labanito Vs. Okello Giripasio 1985 84

Tort - wrongful attachment - party to sue any person entitled to bring action against
person who wrongfully or unlawfully attaches his property - judgment debtor not to
offer for attachment or a decree holder to deliberately attach and sale property which
does not belong to judgment debtor but to third parties - evidence or fraud where
decree holder knowingly attaches and sells property not belonging to judgment debtor.
Bukenya Issa Vs. Attorney General 1986 67

Tort - assault - resisting arrest - where plaintiff injured resisting arrest cannot
maintain action for assault.
Tort - malicious prosecution - aquital - not enough to base claim merely on acquittal -
claim to succeed only when proved that prosecution initiated without reasonable cause
and actuated by malice.
Tort -false imprisonment - lawful arrest - even if arrest lawful defendant liable if
plaintiff not taken to court within 24 hours.
Tort - unlawful arrest - reasonable ground for arrest - claim for damages to fail where
plaintiff arrested for escaping from custody and arrest justifiable in circumstances.
Mukibi Frank Vs. Kigezi African Bus Co. Ltd 1986 69

Tort - loss of expectation of life - parent - death of child deprives parents of expectation
of it to live and entitles them to damages.
Tort - loss of prospective financial assistance - parents claim too speculative a

possibility as numerous unpredictable contingences could make it impossible for child
to fulfill parents expectation of it.
Tort - loss of servitum - parent - parent to show that child capable of service - where no
evidence of age of child and as to whether or not capable of rendering service to
parents claim to be disallowed.
Tort - negligence - res ipsa loquitur - doctrine applicable where accident could not
have occurred without negligence.
Greenland Trading Agency Vs. Sealand Ltd 1986 53

Tort - negligence - bailee - bailee's liability for negligence to depend on whether took
reasonable precautions to secure safety of contents - ware - house - where failure to
tighten up security arrangements after break - in bailee negligent.
Tort - negligence - exemption clause - where plaintiff aware of exemption exempting

defendant from liability not liable.
Lutaaya Gabriel William Juma Vs. Gandesha & Another 1986 47

Tort - trespass - landlord - landlord cannot trespass where defendant has no right to
suit premises.
Kiiza Francis Vs. Attorney General 1986 71
Page 473
Tort - negligence - forseability - where defendant negligent but loss not foreseeable not
recoverable and plaintiff's claim to be disallowed.
Mukono Cycle Mart Ltd Vs. Co-operative Bank Ltd Vs. Industrial Engineers &
Constractors Ltd 1987 66
Tort - chattle owner - deprivation by non - owner - where owner suffers loss entitled to
damages from person who deprived him of the chattel.
Kinene Zaidi Vs. Mwanje Mutesasira 1987 61

Tort - unlawful eviction - landlord liable where neither makes demand for rent nor gives
notice to tenant.
Tort - confiscation of property - excess of debt owed - where defendant confiscates

plaintiff's property far in excess of amount owed to be liable to its tune or to restore it
to plaintiff.
Lubowa Mohamed Sheikh Vs. Kitara Enterprises Ltd 1987 42

Tort - trespass - consent - entry to land unlawful if done without consent of owner-even
where subsequently agreement made does not validate original entry.
Alupakusadi Lugoba Kirunda Wanume Vs. Uganda Railways Corporation 1987 45

Tort - special damage - failure to plead - where claim foreseeable and failure to plead
would cause no prejudice recoverable.
Tort - damages - intervention by third party - where act of third party intervenes claim
not to be allowed.
Walusimbi Khalid Vs. Kaaya Jamil 1988-90 149

Tort - conversion - definition.
Tort - detinue pre-requisite to action .
Tort- trespass to goods - definition.
Tort -trespass to goods - exhibits in criminal case where goods still being treated as
exhibits in criminal case neither complainant nor police liable for trespass.
Neudegger John Rev. Fr. Vs. Telecast Newspaper, Tony Owana M/S Alpine Press 1988-90 155
Tort - defamation - the defamatory matter must have embarrassed plaintiff.
Engola Samson Vs. Nabitalo Christine 1988-90 169

Tort - detinue and conversion - where defendant not to blame for loss of thing action not
to be founded on detinue or conversion.
Ijjala J.F. Vs. Corporation Energo Project 1988-90 122

Tort - negligence - duties.
Tort - negligence - ownership of vehicle - ownership prima facie evidence that at time
accident, vehicle driven by owner or by his servant and or agent unless contrary proved.
Tort - negligence - vicarious liability - where defendant accepts liability accepts that at
Page 474
time of accident driver acting within scope of employment.
Kibirige Rhoda M. Nambi Vs. Attorney General 1988-90 133

Tort - vicarious liability - master and servant - relationship to be established otherwise
defendant not to be held liable.
Kate Shilling Vs. Attorney General 1988-90 110

Tort - detinue - absolute interest - owner entitled to absolute interest in goods and has
right to sue for detinue and conversion anyone who detains goods and fails to return
them.
Uganda Petroleum Co. Ltd Vs. Kampala Chalk Factory Ltd 1992-93 239
Tort - conversion - damages - measure - measure is loss suffered by plaintiff as
consequence of being deprived of its equipment by reason of defendant's refusal to
release them.
Tort - conversion - demand for goods - demand to be unconditional.
Tort - conversion - constitution - unconditional demand of property of part of plaintiff - to

be specific and not general - to be unconditional refusal by defendant to relinquish
control/detention of property.
Wavamunno Eriab Vs. Teddy Sseezi Cheeye 1992-93 173

Tort - defamation - damages - award of damages to be based on the reputation of the
plaintiff the extent of publication, the effect of the people who read the publication.
Tort - defamation - nominal damages - an award of nominal damages to be aimed at

compensating plaintiff for general loss and inconvenience resulting from defamatory
statement.
Tort - defamation - proof - statement to be one that is capable of lowering person's

repute in the eyes of right think members of the public.
Tort - defamation - punitive damages to be awarded only where the defendant has
acted aggressively and maliciously with aim of enriching himself at expense of others.
Kisasi Coffee Growers & Processors Ltd Vs. Uganda Commercial Bank 1992-93 112
Tort - defamation - dishonour - cheque with words "NOT ARRANGED FOR" whether
such endorsement defamatory of drawer of cheque.
Masane Agnes Vs. Uganda Transport Company (1975) Ltd 1992-93 207
Tort - fatal accident - damages - considerations when assessing general damages for
loss of dependency.
Tort - fatal accident - special damages not to be allowed unless strictly proved
specifically.
Busingye Jack & 2 Others Vs. T.M.K. 1992-93 171

Tort - negligence - act of God - defendant to adduce evidence to explain cause of
accident.
Page 475
Tort - negligence - res ipsa loaquitur - conditions to be fulfilled before it can apply.
Kityo Sulaiti Vs. Uganda Consolidated Fund & Bossa Muhamad 1992-93 119
Tort - negligence - bodily and psychological injuries - proof that accident occurred.
Tort - negligence - proof - whether a previous plea of guilty to a criminal charge of

careless driving relevant to prove negligence in civil suit arising from same accident.
Mukasa Agnes Vs. Akamba (U) Ltd. 1992-93 205

Tort - negligence - motor accident - liability of owner of vehicle - plaintiff to prove that
defendant is owner of motor vehicle.
Tort - negligence - motor accident - the plaintiff to show that motor vehicle belonged
to defendant and driver drove it while in employment of defendant - proof of ownership
of vehicle -fact that vehicle is registered in names of defendant not conclusive evidence.
Attorney General Vs. Abdu Karim Winyi 1994-95 56

Torts - detinue - whether damages in detinue may be awarded when the detained
goods are valueless as at the date of judgment.
Interfreight Forwarders (U) Ltd Vs. East African Development Bank 1994-95 54
Tort - negligence - inevitable accident - burden of proof lies on the defendant who sets
in up.
Katende James & Kato Yona Vs. Uganda Railways Corporation 1994-95 62
Tort - negligence whether carrier liable for the acts of its servants.
Tort - negligence carrier owes a duty of care to passengers on its train.
Tort - who is a passenger for purposes of a carrier owing him a duty.
Kuwanuka Safati Vs. Kamuli District Administration 1994-95 74

Tort - false imprisonment - malicious prosecution duty of the plaintiff to establish
defendant acted with malice - whether there was reasonable cause to arrest and
prosecute the plaintiff.
Obbo Lydia Okecho Vs. Nimroo M. Okuna, Bwamiki C. & Attorney General 1994-95 78
Tort - negligence - contributory negligence - damages awarded are paid according to
percentage of negligence.
Tort - fatal accident - damages - consideration in assessing general damages for loss
dependency.
Uganda Electricity Board Vs. G.W. Musoke 1997 23

Tort - fatal accident claim in Law Reform (Miscellaneous Provisions) Act - purpose of
the Act-meaning of "dependants" and "members of the family".
Tort - award of damages - considerations upon which damages awarded - loss of

services and expectation of life - whether proved - whether damages can be awarded
for bereavement.
Page 476
Nanteza Perusi Vs. Sugar Corporation of Uganda & Anor 1997 66
Torts - false imprisonment - the basis of the action is the act of imprisonment itself.
Tumusiime Simeey & 2 Others Vs. Henry Twinomugabe & Anor 1997 69
Tort - negligence - ingredients of negligence.
Torts - vicarious liability - negligence of servant - master liable to third parties for acts
of servant.
Torts - damages - damages are aimed at restitute intergrum.
Robbert Coussens Vs. Attorney General 1998-200 26

Tort - personal injuries - damages for personal injuries - principles for assessment
thereof.
TRAFFIC
Mulaya David Vs. Uganda 1971 4
Dangerous driving-driving without insurance-whether sentence justified-special
reasons.
Uganda Vs. Samuel Mutumba 1971 234

Traffic and Road Safety Act s.33 and s.13-duty to lay correct charge.
Uganda Vs. G.W. Murwana 1971 262

Careless driving-the old and new law distinguished.

Failing to stop when signalled by a police officer c/s.166(a) of the Traffice and
Road Safety Act 1970-driving at a speed dangerous to the public c/s.118(1)(b) of
the Traffic and Road Safety Act 1970-nature of offence c/s.166(a)-jurisdiction of a
Magistrate Grade II-M.C.A. s.157(1)( c) -S.I. No.90 of 1970-conviction for non
existent offence c/s.138(1)(b)-whether order for retrial.
Uganda Vs. Eriyabu Turumanya 1972 22

Driving without a permit c/s.128(a) of the Traffic and Road Safety Act, 1970 -
using a vehicle on a road in a dangerous mechanical condition c/s.115(5) of the Act.

Causing death by careless driving c/ss.116(1) and 138 (2) (a) driving a motor
vehicle while under the influence of drink c/ss.119 and 138 (2) (b) of the Traffic
& Road Safety Act, 1970 -cancellation of driving permit.

Failing to stop when signalled by a police officer c/s 166(a) of the Traffic & Road
Safefy Act 1970 - driving at a speed dangerous to the public c/s 118(1) (b) and
138(1)(b) of the Traffic & Road Safety Act 1970-nature of offence c/s.166(a) -
jurisdiction of a Magistrate Grade II - M.C.A. S.157 (1)( c) - s.1 No. 90 of 1971-
conviction for non existent offence c/s 138(1)(b) -whether order for retrial.
Uganda Vs. Nenisi Mayanja 1972 23
Page 477
Causing obstruction c/ss.126 & 138(d) of the Traffic & Road Safety Act, 1970.
Causing obstruction c/s.173(1) of the Act.
Kyobe Muhamed Vs. Uganda 1972 77

Careless driving c/ss.126 and 138(2)(d) of the Traffic and Road Safety Act 1970-
Construction -whether "uses"

offence-whether charge defective -whether such offence existed by 12/5/72-
whether Magistrate Gread II had jurisdiction over the Traffic and Road Safety Act-
whether plea of guilty proper.
Daudi Sakara Vs. Uganda 1972 145

Driving without a valid driving permit c/s.128(a) and 138(2) (e) of the Traffic and
Road Safety Act, 1970 - sentences running consecutively.
Uganda Vs. Constant Mayombwe 1973 163

Traffic offences-failing to stop after an accident-failing to report an accident-Road
and Safety Act section 132(1) and (2) (b) - meaning of accident -nobody injured
in accident - whether driver obliged to stop or report accident-plea of guilty-
necessity to record facts before conviction-order for disqualification-necessity to
give accused opportunity to put forward plea of special reasons.
Uganda Vs. Petero Likonda 1973 138

Throwing an object at a motor vehicle c/ss 136 of the Traffic and Road Safety Act
1970 - accused aged 10 years convicted and sentenced to 4 strokes corporal
punishment-ss.158 and 191(3) of the Magistrates' Courts Act, 1970 - whether
sentence legal.
Uganda Vs. J.B. Ochieng 1973 38

Careless use of a motor vehicle c/s 117 and 138(2) (b) of the Traffic and Road
Safety Act 1970-conviction on own plea of guilty-sentence a fine of 300/= or 2
months' imprisonment in default-whether being a first offender and causing injury
classifiedas 'harm' were special reasons under s.138 and s.65 of the Act.
Uganda Vs. Christopher B. Mukiibi 1973 42

Driving a motor vehicle on a road while under the influence of drink c/s 119 and
s.138(2) (b) of the Traffic and Road safety Act, 1970 - plea of guilty- prosecutor's
statement to court that accused should not be awared "the minimum set out by
law"-special reasons under s.138(2)(b) of the same Act-cancellation of licence
under s.65(2)(b) of the Act.
Uganda Vs. Hanington Ekumba 1973 39

Careless driving c/s 126 and 138(2)(d0 of the Traffic and Road Safety Act, 1970
conviction on own plea of guilty - sentence to a fine of 100/= - non-complieance
with s.65(1) (c ) of the Act.
Uganda Vs. Hamis Abdugeri 1973 12

Careless driving c/ss 126 and 138(2) (d) of the Traffic and Road Safety Act-
minimum sentence-disqualification-Traffic and Raod Safety Act, Section 65(1) ( c)
Page 478
and 65(2).
Uganda Vs. S. Waibi 1973 13
Driving without a driving permit c/ss 128(a) and 138(2) (e) of the Traffic and Road
Safety Act 1970-legality of conviction under s.128(a) of the Act-whether section
operative -whether section 54(1) alternative to section 128(a).
Uganda Vs. Mohamadi Kamulali 1973 181

Traffic - conviction for careless driving c/ss 126, 138(2)(d) and 65(1) ( c) of the
Traffic and Road Safety Act, 1970-what constituted "special reasons" of special
reasons-whether trial court had jurisdiction to pass a lesser sentence.
Uganda Vs. Silvano Kanunukaye 1973 52

Traffic and Road Safety Act-learner driver driving without a person holding an
instructors licence being in the motor vehicle-learner driver driving without displaying
"L" plates - driving without carrying a driving permit-whether offences committed
under the Traffic and Road Safety Act, 1970.
Uganda Vs. Mazimiano Senkezi 1973 180

Traffic - driving without a valid driving permit c/ss 54(1) and 185(1) of the Traffic and
Road Safety Act, 1970 - whether offence committed - statutory instrument No.211
of 1970.
Katete Abudu Vs. Uganda 1973 159

Traffic - using a motor vehicle in a dengerous mechanical condition-conviction of
accused and suspension of his motor vehicle licence-legality of suspension order-
ss.115(5) (7) & (9), 107 and 186 of the Traffic and Road Safety Act, 1970.
Lutwama Samuel Vs. Uganda 1973 175

Traffic offence-driving without reasonable consideration for other road users c/s 126
of the Traffic and Road Safety Act, 1970-complaint only key witness for
prosecution-compalianant interested party-whether credibility affected automatically
need to make a finding of fact as to the driver's negligence.
Akol Livingstone Vs. Industrial Sales Promotion Ltd 1973 15

Death of child - claim for loss of servitium by father -claim for loss of prospective
financial assistance by father -claim for funeral expwnses-whether plaintiff had to
prove that vehicle driven by servant /agent of defendant in ex parte proceedings.
In the matter or the application by Francis Kasujja 1973 23

Application for leave to sue N.I.C. as nominal defendant under Traffic and Road
Safety Act, 1970 - whether action barred by failure to comply with precondition
of notice-whether mistake of law-whether N.I.C. materially prejudiced.
In the matter of an Application by Joseph Mpanga 1973 56

Application for leave to bring an action against the nominal defendant N.I.C. under
sec. 44(2) of the Traffic and Road Safety Act 1970-whether notice was to be given
before application.
Busulwa Eriyasafu Vs. The National Insurance Corporation 1973 148

Claim for personal injuries-ss.40 and 44(1) Traffic and Raod Safety Act, 1970-
what amounted to reasonable inquiries before suing the National Insurance
Page 479
Corporation as nominal defendant.
Kyobe Muhamad Vs. Uganda 1973 77

Careless driving c/ss.126 and 138(2) (d) of the Traffic and Road Safety Act, 1970-
construction-whether "uses" included "drives" in the section.
Uganda Vs. Erinayo Droku 1974 172

Traffic and Road Safety Act, 1970-driving as a Lerner driver unaccompanied by a
licensed instructor c/s 128(a) and 132(2)(e) -driving without displaying 'L' plates
c/s 76(d) - whether above offences can be committed - sections 56, 57 and 59
of the Act.

Traffic Accident-negligence-claim for personal injuries-plaintiff knocked down by an
unidentified at a road under construction -defendant liable under s.44(1) (a) of the
Traffic and Road Safety Act, 1970 as Nominal Defendant-quantum of damages.
Uganda Vs. Onesimo Engura & Lango District Administration 1974 118
Traffic offence-driving an unlicenced motor vehicle c/ss 13 and 185 of the Traffic
and Road Safety Act, 1970-whether vehicles of a District Administration were
government vehicle -whether government vehicles were exempted from licencing,
registration and insurance - S.I. No.342-2.

Appeals-appeal from an interlocutory ruling of the Chief Magistrate made before
Uganda Vs. Yovani Angura 1974 59

Traffic offence-driving motor vehicle with blood alcohol concentration above the
prescirbed limit-The Traffic and Road Safety Act, 1970 sections 120(1) and 138(2)
(1) -persons authorised to withdraw blood from accused, section 122(1) of the Act -
manner of storage before dispatch for medical test-sentencing - whether
circumstances peculiar to accused constitute special reasons for imposing
penalty less than one prescribed -s.138(2)(I) of the Act-suspension of driving
permit-disqualification from obtaining driving permit -s.65(1) (I) of the Act.

Traffic -exceeding the prescribed speed limit c.ss 127(1) and 138(2) (d) of the
Traffic and Road Safety Act, 1970-plea of guilty-equivocal-sentence-illegal -"special
reasons" - considerations to be taken into account.
The Pioneer General Assurance Society Ltd Vs. Joseph Mukasa 1974 53
Insurance-condition that policy did not render company liable unless accident
reported within a reasonable time-whether such condition void as between company
and insured-Traffic Act 1952 s.102 -whether accident was in fact reported within
a reasonable time.

Traffic-motor accident-respondent filed a suit against appellant corporation as
nominal defendant under s.40 of the Traffic and Road Safety Act, Act 38 of 1970.-
Damages for injuries as pedestrian -vehicle unidentified due notice given
Page 480
to N.I.C. as required by s.44(2) of the Act-pliant incomplete-non-compliance with
Civil Procedure and Limitation Act 20 of 1969.
Katuramu Kaija Vs. National Insurance Corporation 1974 289

Traffic -motor accident -the National Insurance Corporation nominal defendant-
s.44(1)(a) of the Traffic and Road Safety Act-negligence-pleading -principle of res
ipsa loguitur - assessment of damages.
Kasenene Yozefu Vs. Uganda 1974 161

Criminal law-taking and driving away a motor vehicle without the owner's consent
c/s 137(1) of the Traffic and Road Safety Act 1970-reckless driving c/ss.118 (1)(a)
and Road Safety Act, 1970-driving permit cancelled for 3 years under s.65(1)(a) of
the Act, with the same period of disqualification from obtaining a new permit within
the same 3 years.
Onama K. Felix Vs. National Insurance Corporation 1974 15

Suit against nominal defendant under Traffic and Road Safety Act-driver traceable-
whether action barred by s.44(1)(b) of the Traffic and Road Safety Act-pleadings-
Civil Procedure Rules O.6 r.1-whether age and income had to be pleaded in a
plaint claiming under the Law Reform (Miscellaneous Provisions) Act-whether
defence-comments on the pleading of law-Civil Procedure Rules O.6 r.5.
The pioneer General Assurance Society Ltd Vs. Sakibu Ziwa 1974 51
Insurance-whether risk to passengers had to be covered by insurance whether
vehicle was one" in which passengers are carried for hire or reward"-Traffic Act
1951, ss.98, 99 and 104(1) -predominant purpose of vehicle -effect of repeal of
Traffic Act 1951-whether right reccrued without a judgment survived the repeal of
the Act-interpretation Act s.15(1).
Uganda Vs. Emorut Idi 1975 6

Criminal law -Traffic and Road Safety Act, 1970-accused knocked a packed car
very slightly and nobody injured-whether that constituted "a special reason"
according to s.65 of the Act.
In the matter of Application by Muhemezi Vs. National Insurance Corporation 1975 11

Traffic-motor accident-unidentified vehicle-application for leave to file out of time
against nominal defendant under s.44(3) of the Traffic and Road Safety Act, 1970-
from of notice required-whether applicant's notice invalid as it was made under s.1
of the Civil Procedure and Limitation (Miscellaneous Provisions) Act of 1969.
Wakubaliho Alfred Vs. National Insurance Corporation 1975 54

Traffic-traffic accident-application to sue the nominal defendant s.44(3) of the
Traffic and Road Safety Act 1970-liability where motor vehicle is unidentified or
uninsured and owner or driver unidentified-notice of intended suit against nominal
defendant.

Page 481
Safety Act, 1970.
Uganda Vs. Aduma Bamuka 1975 68

Criminal Law-traffic-exceeding prescribed speed limit ss.127(1) & 138(2) (d) of the
Traffic and Road Safety Act, 1970-alleged committed when Traffic Act prescribing
speed limit repealed-Traffic and Road Safety Act, 1970 not containing.

quantum of damages.

Criminal Law - jurisdiction-driving while under the influence of drink s.119 of the
Traffic and Road Safety Act, 1970 - whether Magistrate Grade II had jurisdiction
to try offence-Magistrates' Courts Act, 1970 Schedule 1 as amended by
S.I. No.90/71.
Rweyoleka Vs. Uganda 1975 128

138(2)(b) and 65(1) (a) of the Traffic and Road Safety Act, 1970-whether the
reason"-court must ask accused whether alleged "special reasons" exist-vehicle
Uganda Vs. William Okeny 1975 184

Criminal Law-driving without reasonable consideration for other road users s.126 of
the Traffic and Road Safety Act, 1970-whether punishable under s.185(1) of that
Act - sentence-proper sentence for an offence under s.126 of the Traffic and Road
Safety Act, 1970-whether a sentence under s.185(1) of the Act proper.
Uganda Vs. Zedekiah Buluma 1975 250

Road Traffic -driving with a permit not renewed - whether offence under Traffic and
Road Safety Act, 1970 - Nature of penalty to be imposed.
Page 482
Uganda Vs. Setuba Gerald 1975 246
Road Traffic - driving without displaying 'L' plates contrary to s.76(d) of the Traffic
and Road Safety Act, 1970-whether offence under the Act.
Uganda Vs. Waiswa Baligendo 1975 256

Road Traffic-riding bicycle without front brake and ring bell-whether offence under
the law - Traffic and Road Safety Act, s.180 makes every person riding bicycle
subject to provisions of the Act-s.181 restricts certain acts but does not create
above offence.
Uganda Vs. Rashid Juma 1975 242

Road Traffic-speeding -penalty for offence-whether cancellation of driving permit
within discretionary power of magistrates-Traffic and Road Safety Act, 1970, ss.127
(1) and 138(2) (d).
Road Traffic -special reasons-factors constituting -whether loss of relative

constitutes special reason within meaning of Act.
a
Uganda Vs. Jenaro Ongom Langel 1975 279
Road Traffic -careless use of motor vehicle-sentence - fine mandatory to impose
fine of not less shs.500/--Traffic and Road Safety Act 1970, s.126 and 138(2) (d)
disqualification - mandatory to disqualify - court to exercise description and impose
less period than prescribed where "special reasons" proved-Traffic and Road Safety
Act 1970, s.65(1) (c ).
Road Traffic -special reasons-meaning-test for special reasons-whether must relate

to facts constituting offence or to accused personally - accused driving for 19 years
without any traffic offence and driving his sole source of income-whether those
amount to special reasons-burden on accused to prove whether the exist.
Nsubuga Vs. Uganda 1975 369
Nangoye Erukana Vs. National Insurance Corporation 1975 357

Road Traffic-nominal defendant - notice - requirement to give notice of intention to
sue under Traffic and Road Safety Act, s.44(2) but not under Civil Procedure and
Limitation (Miscellaneous Provisions) Act, S.I. Since nominal defendant not
scheduled corporation - notice to be accompanied by declaration which particulars
ought to state nature of inquiries made to ascertain identity of vehicle - meaning
of "reasonable inquires'.
Uganda Vs. Charles Baryagasha 1975 378

Road Traffic - driving without valid driving permit - Traffic and Road Safety Act, 1970,
s.128(a) and 138 (2) (c)- not offence - s.128(a) not in effect.B16386
Uganda Vs. Baliruna S. Francis 1976 3

Road Traffic - Driving motor vehicle without carrying a driving permit-accused reported
to specified police station a day later that permit lost -accused charged - Traffic and
Road Safety Act, 1970, ss.154(1) & 166(a) - whether offence committed on failure to
produce permit.
Olidong No.4572 Constable driver Vs. Uganda 1976 76
Page 483
Road Traffic - reckless driving -defence to offence-mechanical defect of car could be
defence and essence is to show that accused's sudden total loss of control not due
to his fault.
Road Traffic - Reckless driving - liability to be determined in relation to accused's

part played in causing death of deceased - accused's state of mind might be
necessary thus requiring evidence of his actions.
Uganda Vs. Banuli Gowa 1976 255

Road Traffic - driving a motor vehicle without carrying a driving permit-ingredients of
the offence-the policeman who requires the accused to produce the driving permit
must be in uniform - must require the accused to produce his driving permit to a
particular police station - accused must not fail to do so within five days.
Uganda Vs. Waswa Patrick 1976 287

Road Traffic - driving without a driving permit - whether conviction under s.54(1) and
185 (1) is valid as s.128 (a) of the Act is not yet operational - when a person drives
any class of motor vehicle without an appropriate valid permit commits an offence and
ought to be punished according to both ss.54(1) and 185 (1) of the Act.
Uganda Vs. Byekwaso Ahmed 1976 272

Road Traffic - exceeding prescribed speed limit c/ss 127(1) and 138(2) (d) of Traffic
and Road Safety Act and Traffic and Road Safety (speed limit) Regulations 1972-
particular not giving area in which offence was committed-speed at which accused
was driving not given.
Uganda Vs. Warsana Hasan 1976 257

Traffic - careless driving c/s 126, 65(1) (c) and 138 (2) (d) of the Traffic & Road Safety
Act, 1970 - whether s.138 (2) (d) mandatory - whether triviality of offence constitutes
special reason under s.65 (1) (c).
Nakanjako Betty Vs. Raigi Stephen 1976 297

Traffic and Road Safety Act, 1970 - sections 34 and 35 - suit filed by third party
against an insured-owner of motor vehicle - judgment obtained in default of appearance
applications made by plaintiff the third party to join the insurer (NIC) as co-defendant
and for an order to the National Insurance Corporation the insurer to satisfy the
decretal amount - whether third party has a cause of action against the insurer -
rights and duties of an assured.
Nakawunde Agati Vs. National Insurance Corporation 1977 126

Traffic and Road Safety Act, 1970 - suit by a third party against insurer - whether
action maintainable.
Traffic and Road Safety Act, 1970 - where owner or driver of the car is identified the
plaintiff cannot rely on s.44 of the Act.
Nsiyaga Lovisa Vs. National Insurance Corporation 1977 184

Road Traffic - Nominal defendant - whether negligence has to be alleged against the
owner or and driver of the unidentified vehicle. Factors to be prove when suing a
nominal defendant s.44(1) (a) of the Traffic and Road Safety Act.
Page 484
Tumwesigye Vs. National Insurance Corporation 1977 305
Traffic Road Safety Act - nominal defendant - accident by unidentified vehicle - type of
vehicle unknown - whether s.44(1) of Traffic and Road Safety Act 1970 could be
invoked - s.44 (1) of the Act does not discriminate against any particular vehicle.
Traffic and Road Safety Act-nominal defendant - accused by unidentified vehicle -

plaintiff stranger in Kampala - plaintiff unconscious for 14 days - inquires made at 4
police stations by somebody who learnt about accident 12 days later - inquiries made
4 days after accident - whether inquiries reasonable.
TRIAL PRACTICE
Trial Practice - prosecutor 0 duties of prosecutor - prosecutor is a minister of justice-
he should make available as a witness person not called by prosecutor but from whom
statement has been taken and can give material evidence - prosecutor to appraise
defence of discrepancies between witnesses testimony and nay of their earlier
statements, if any, in their possession - accused should not suffer because of the
inefficiency of his counsel.
Barugahare Anthony Vs. Ntarantambi Marita & Alo Babinaga 1987 95

Trial - judgment - delivery by different magistrate - where magistrate hears all parties
and their witnesses and succeeded by another empowered either to write judgment
according to evidence on record or recall witnesses and hear case de novo.
TRESPASS
Uganda Vs. Sipiya 1971 111
Driving away vehicle without consent of owner-offence of criminal trespass c/s
286(1) Penal Code not committed.
TRUST
Rev. Fr. Obadia Kabande & 5 ors And Rev. Fr. D.A.Atim & 5 ors 1972 100
Filing memorandum of appeal out of time-s.16(2) of the Trustees incorporation
Act whether court had inherent power to extend period of filing appeal-application
to declare an order of the court a nullity.
Kityo Yoswa Vs. Kaddu Eriya 1982 58

Trusts - trust property - beneficiary - beneficiary not entitled to claim trust property
regardless of the Limitation Act (Cap.70).
Mugalula Zefania Vs. Kulanima Musoke & 3 Others 1984 53

Trusts - trust property - transfer of property by trustee in breach of trust - constructive
trustee - right of beneficiary to fellow trust property - beneficiary can follow and recover
property from third party except where he has obtained legal title and he is a bonafide
purchaser for value without notice - onus on third party to prove that he is a bonafide
purchaser for value.
WITHDRAWAL
Page 485
Uganda Vs. Lazarus Senzira 1970 132
Application for leave to withdraw charge under s.83(a) of the C.P.C.-whether
court has power to refuse leave-award of costs under s.171(e) of the C.P.C.

Civil Procedure -O.22 r.1 - withdrawal or discontinuance of suit-O.22 r.1 does not
talk of dismissal -principle governing vicarious liability.
Uganda Vs. Kintu Patrick & Ors 1975 233

Criminal Procedure - indictments - joinder of persons-committal proceedings -
accused persons jointly charged but co-accused's case withdrawn and accused
discharged under wrong order-whether irregular discharge of co-accused renders
subsequent committal proceedings of other accused illegal and bad in law -
magistrates' Courts Act, 1970 (Parts XV and XIII) and Trial on Indictments Decree
(Decree 26/71) Part III - D.P.P. empowered to withdraw any proceeding and such
withdraw would not affect proceedings of other accused.
Criminal Procedure - withdraw of prosecution-powers of D.P.P. - D.P.P. can

withdraw any proceedings before judgment -power conferred by Art. 71(2) (c)
Constitution-D.P.P could authorise withdraw but such power once authorised
cannot be delegated.
Criminal Procedure - withdraw of prosecution-Magistrates' - Courts - Magistrates'

Courts Act, 1970, s.119-section applicable to trial before a magistrate but not those
not triable by Magistrates' Court.
WITNESSES
Appeal -civil appeal s.232(3) of the Magistrates' Courts Act, 1970-interpretaion of
s.232(3) of the M.C.A. - land law-customary land tenure-encroachment on land-
witnesses-the demeanour and the evaluation of the credibility of witnesses-burden

A.A. Nekyon Vs. K.S.Saundh & Anor 1971 43

Witnesses-non-appearance of plaintiff-time-enlargement of to file written
Karegyeya and Anor Vs. Uganda 1975 103
Page 486
Criminal Law-rape ss.117 and 118-requirement for corroboration before conviction
when conviction may be based on uncorroborated evidence of prosecutrix -evidence
need to test witness' demeanour against other evidence-burden of proof -whether
accused has burden to explain why complainant should tell lies against him.
Uganda Vs. John Stephen Katisa & Others 1975 138

Criminal Law-murder s.183 of the Penal Code-credibility of witnesses-alibi-burden
of proof - malice aforethought and common intention lacking-identification -murder
reduced to manslaughter s.182 of the Penal Code.

Penal Code-whether possession unlawful where they were acquired lawfully -s.126
dispensed with - procedure -service of witness summons.
Uganda Vs. Petero Kikomeko 181

Criminal Law-murder s.183 of the Penal Code -whether malice aforethought
established - corroboration-whether conviction could be based on evidence of a
single identifying witness- duty of court when faced with a single identifying witness-
nature of corroborative evidence required - whether case was sufficiently proved.


Criminal Law-robbery with violence ss.272(1)(a) of the Penal Code-whether
evidence of a single identifying witness sufficient to warrant a conviction-danger of
convicting on the evidence of a single identifying witness-need to consider all the
circumstances of the case-whether the trial court had weighed all the factors
which might have led to mistaken identification.
WORKMEN'S COMPENSATION
Kiganda Joseph Vs. The Cooper Motors (U) Ltd 1977 83
Workmen's Compensation - payment of compensation to injured workmen under the
Compensation Act-agreement between employer and workman for payment of
compensation bar to proceedings brought independently of the Act -s.25(1) provisos
(c) and (d) of the Act as amended by Act 5 1969.
VOIRE DIRE (Children as a witnesses)

Uganda Vs. Sabani Luhari 1970 30
Evidence of child of tender years-recording of voire dire.
Page 487
Uganda Vs. Sabani Luhari 1970 51
Section 149 of the C.P.C. -necessity for record of investigation made by court
on the voire dire.
Samadali Yozefu Vs. Uganda 1970 171

C.P.C - duty of prosecutor where statements contradictory.
Uganda Vs. Kyangurubye s/o Bihizi 1970 149

Unsown evidence of child-sexual offence - no corroboration.
Criminal Procedure- Appeal-Copies of proceedings below-Magistrate's duty to

ensure copy is accurate and complete. 1968 16
Kasita Ahamada Vs. Uganda. 1968 48

Appeal-record of evidence lost-judgment clear and facts conviction can be upheld
under s.347 of the Criminal Procedure Code.
High Court-appellate jurisdiction-second appeal-whether confined to matters of Law. 1968 100

Criminal Procedure-charge-amendment thereof-accused's opportunity to plead to 1968 16

such and recall witnesses.
Uganda Vs. Edward Benson Banyiginya 1968 91

Criminal Procedure (Summary of Evidence) Act-ss.3 and 5-change of plea after
committal.
Uganda Vs. Difasi Badhube 1968 43

Criminal Procedure (Summary of Evidence) Act-second count added after
preliminary proceedings complete-whether permitted.
Uganda Vs. Dison Manyu & anor 1968 114

Possessing suspected stolen property c/s 299010 of the Penal Code and
s.20(1) of the Criminal Procedure Code-whether evidence sufficient.
Gamba Paulo Vs. Uganda 1968 82

Forfeiture of Vehicle under s.7 Coffee (Export Duty) Act-whether accused who
was not the owner of the vehicle can appeal under s.32 of the Magistrates' Courts Act.
Daniel Kiza Vs. Uganda 1970 48

Contents of judgment, s.169 C.P.C.- non-direction on guilty charge in receiving
case.
Page 488
Page 489
Page 490
PAGE
Page 491
82(b)
Page 492
Page 493
107A
Page 494

Uganda High Court Bulletin Subject Index

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HIGH COURT BULLETIN - SUBJECT INDEX FROM 1968-2000

SUBJECT MATTER YEAR PAGE

Abandoned property-real property owned by companies whose shareholders are

Abandoned property - where land belonging to an African proprietor is wrongly

ACQUITTAL - CRIMINAL LAW

Uganda Vs. Isaya Wabwire 1970 219

In the matter of Juliet Jane Nakazibwe 1973 22

Nsereko John Vs. George W.K. Gitta 1975 152

Nakate Sawuya Vs. Aloyzia Kamenyere 1976 14

Owor Anderea Vs. Attorney General & Ministry of Education 1976 61

Uganda Consolidated Properties Ltd Vs. Zaman 1982 105

Rwakasisi Chris Vs. Attorney General 1985 113

Administrative Law - detention order -legality - court only to determine legality or

Administrative Law - detention order - power to make restriction or detention order -

Administrative Law - detention order - condition precedent - where person arrested

Administrative Law - detention order - signatory - either president or Minister authorized

Mbabali Daniel Sempa Vs. W.K. Kidza & 4 Others 1985 46

Administrative Law - Kababa's powers on matters of succession revocation of earlier

Munira Vs. National Insurance Corporation 1985 110

Omosingoit Oliso J.P.F.X. Vs. Ibunyat Federiko & 2 Others 1985 89

Administration Law - Detention Order - service - service of detention order condition

Obwolo Seraphin Vs. Barclays Bank of Uganda Ltd 1992-93 179

In Re an application by Mustafa Ramathan And in the matter of an application

Administrative Law -prerogative jurisdiction not to be invoked where a statutory remedy

Administrative Law-prohibition - writ or prohibition is a preventive and not a corrective

Attorney General Vs. Abdul Karim Winyi 1994-95 56

Administrative Law - Estoppel - whether the conduct of Government officials of

Administrative Law - Game Control - whether the Chimpanzees, were scheduled

Burahika R. Vs. Kashangirwe 1996 48

Nkwakwa Vs. Kyomugyemo 1976 291

Adupa John Bosco Vs. Jemma K. Adupa 1991 87

Administrator General Vs. Otti Joyce Akello 1996 1

Administration of estates - rights of the Administrator General are not absolute or

Uganda Vs. Karlo Ndima & anor 1970 187

Odere Benjamin Vs. Uganda. 1970 71

Uganda Vs. Andrew Kenneth Otema - Opok 1971 218

Naumann Dieter Vs. Harman Stella Joanita Naumann 1973 144

Uganda Vs. Oceng David 1968 128

Punjabhai Ramji Vs. Hunter & Greig 1968 67

Moses Iga & 2 others Vs. Govindji Ravji 1972 160

Nalugwa S. Vs. Tombooth (U) Ltd 1972 64

Lukiya Ssonko Vs. Sebalu & Co. 1972 121

Moses Iga and 2 others Vs. Govindji Revji 1972 160

Principe Carasco Vs. Budaka Ginners Ltd. 1972 101

Barclays Bank Vs. Muganga Construction Co. Ltd 1975 50

Lubega John Vs. City Council of Kampala 1975 99

Advocate - practicing certificate - renewal of practicing certificate - once practicing

Kayizzi Daniel Vs. Bisia Yosia 1979 15

Babumba Francis & 2 Others Vs. Bunju Erusa 1988-90 119

Semakula Abby Vs. Eldad Rubarenya 1994-95 69

Advocates - intention of grace period to renew practising certificate - whether advocate

B.M. Technical Services Vs. Francis X Rugunda 1997 75

Emomeri Julius Vs. Shell (U) Ltd 1998-200 28

Mutungirehi Y. Vs. Rwangwede & Group 1998-200 30

Mutungirehi Y. Vs. Rwangwede & Group 1998-200 34

Advocates - Professional conduct - advocate practicing under chambers not approved

Kassam Mohamed & Sons Ltd Vs. Misaki Nangwomu 1968 9

Mudhai George Vs. Ali Mohamed 1975 25

Civil Procedure-Affidavits-Proper affidavit to be shown before commissioner of Oath

Kerere Alfred Vs. Uganda 1974 173

Ntate George Vs. Cool Nyakapanka 1974 253

A. Lugalambi, J. Lutta-Musoke, M.Lugalambi, Y. Lutta-Musoke & Highland

UCB Vs. William G. Wanendeya, W. Wamboge & Kissessi J. 1976 33

AIDING and ABETTING