Uganda Case Law

Begumisa Financial Services Limited v General Mouldings Limited and Another

Begumisa Financial Services Limited v General Mouldings Limited and Another (Civil Appeal 86 of 2002) [2007] UGCA 72 (16 March 2007)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 86 of 2002

Judge

Mukasa-Kikonyogo, DCJ, Engwau, JA, Kavuma, JA

The Court of Appeal found that the trial judge erred in awarding interest only from the date of judgment. Based on established principles, interest on the sums awarded should run from the date of filing the suit, as the amounts were liquidated and the cross-appellant was deprived of its money due to the respondents' breach. The evidence demonstrated that both respondents were jointly involved in the contract and liable for its breach. The dismissal of the suit against the second respondent was reversed, and both respondents were held equally liable. The cross-appeal was allowed, the High Cour…

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• Contract Breach
• Award Of Interest
• Joint Liability
• Special And General Damages

Rex v Otieno and Others

Rex v Otieno and Others (Criminal Appeals Nos. 250, 251 and 252 of 1946) [1947] EACA 22 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 250, 251 and 252 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Thacker J

The court found that all three appellants, having jointly engaged in a theft and subsequently confronted by police while in possession of stolen property including a loaded revolver, held a discussion immediately prior to the fatal shooting. The evidence showed that none of the appellants dissociated themselves from the act, and the possession and use of the revolver was known to all. The court held that the inference of a common intent to kill the policeman was justified by their association, discussion, and conduct, and that the doctrine of common intent under Section 23 of the Penal Code a…

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• Murder
• Common Intent
• Joint Liability
• Intoxication Defence
• Evidence Inference

Rex v Kibogo and Another

Rex v Kibogo and Another (Criminal Case No. 222. of 1944) [1945] EACA 64 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Case No. 222. of 1944

Judge

Bartley J, Sheridan CJ

The court held Rosen’s manslaughter conviction could stand on common purpose, while the trial judge retained exclusive control over sentencing.

• Manslaughter
• Common Purpose
• Provocation
• Plea Of Guilty
• Sentencing
• Joint Liability

Rex v Enyaju and Another

Rex v Enyaju and Another (Criminal Appeals Nos. 15 and 16 of 1945) [1945] EACA 8 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 15 and 16 of 1945

Judge

Bartley J, Sheridan CJ, Wilson ACJ

Both appellants inflicted inevitably fatal injuries on the deceased while he was still alive, each with the intention to kill or cause grievous bodily harm. Medical evidence established that either injury alone would have caused death. The court held that each person who inflicts such an injury on a living person is guilty of murder, regardless of subsequent assaults. The doctrine of common intention was considered but not relied upon for the decision. The appeals were dismissed as the findings of the trial court were reasonable and supported by evidence.

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• Murder
• Malice Aforethought
• Fatal Injury
• Joint Liability
• Common Intention

Rex v Lopua and Another

Rex v Lopua and Another (Criminal Appeals Nos. 84 and 85 of 1941) [1941] EACA 63 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 84 and 85 of 1941

Judge

Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ

The court held that Lomur s/o Lopua could not be convicted of murder unless it was established not only that he was holding the deceased while Enok Achila twisted the neck, but also that Lomur was identified with Enok's purpose and acted with common intent. The evidence showed that Lomur was holding the deceased for others to beat him with sticks, and there was no clear evidence that he was aware of or assisted Enok in twisting the deceased's neck. The act of twisting the neck was not part of the common purpose of the crowd, and there was reasonable doubt as to Lomur's knowledge and intent. T…

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• Murder
• Common Intent
• Malice Aforethought
• Joint Liability
• Evidence Assessment

Rex v Muwanika and Others (Cr.A. Nos. 157-161 of 1936.)

Rex v Muwanika and Others (Cr.A. Nos. 157-161 of 1936.) [1936] EACA 129 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. Nos. 157-161 of 1936.

Judge

Bates, J. (Tanganyika), Hearne, J (Tanganyika), Knight-Bruce, J. (Tanganyika), Sheridan, Actg. C.J. (Kenya)

The court found that the first appellant, Kimbugwe s/o Nyogoli, could not be convicted of murder or manslaughter because there was insufficient evidence that his initial assault caused the fatal injuries or that he shared a common intention with the other appellants in the subsequent assault. The other four appellants, by assaulting an already injured man, were found to have hastened his death, and thus were guilty of manslaughter. The evidence did not support a finding of common intention to cause death or grievous harm among the four, nor was it clear which assault caused the fatal injuries…

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• Manslaughter
• Murder
• Common Intention
• Causation Of Death
• Joint Liability

Thawer v Clark (C.A. 6/1930.)

Thawer v Clark (C.A. 6/1930.) [1930] EACA 22 (1 January 1930)

Court

East African Court of Appeal

Case number

C.A. 6/1930.

Judge

Griffin C.J. (Uganda),, Pickering, C.J. (Zanzibar), Thomas, J. (Kenya)

The Court of Appeal held that joint converters are liable from the moment property is unlawfully taken, and reduced damages for the converted motor car.

• Conversion
• Measure Of Damages
• Joint Liability
• Special Damages
• Mitigation Of Damages
• Damages