Uganda Case Law

Oyaka Yeko & 2 oers v Onono Philips

Oyaka Yeko & 2 oers v Onono Philips (Civil App. No. 36 Of 2007) (Civil App. No. 36 of 2007) [2008] UGHC 111 (30 October 2008)

Court

High Court of Uganda

Case number

Civil App. No. 36 of 2007

The High Court found that, except for one witness, the evidence in the lower court was not given on oath, rendering the trial a nullity as the evidence lacked validity. The trial magistrate also failed to visit the locus in quo, which was necessary to ascertain the boundaries and the actual subject of the dispute. These procedural errors constituted a miscarriage of justice and fundamental errors, making the lower court's judgment unsustainable. The appeal was allowed, the judgment and orders of the trial court were set aside, and a retrial was ordered before a competent court.

Source excerpt

• Customary Land Ownership
• Evidence On Oath
• Locus In Quo Visits
• Boundary Disputes

Rex v Abdulla (Cr.A. 144/1936.)

Rex v Abdulla (Cr.A. 144/1936.) [1936] EACA 109 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. 144/1936.

Judge

Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ

The Court of Appeal for Eastern Africa held that a child complainant’s evidence in a rape case could be corroborated by a sworn 14-year-old witness, and dismissed the appeal.

• Rape
• Corroboration
• Child Witness
• Evidence On Oath
• Child-witness
• Criminal-appeal