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Uganda Case Law

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Civil Procedure [2024] UGHC 621

Orishaba v Ngobi

Orishaba v Ngobi (Miscellaneous Application 49 of 2023) [2024] UGHC 621 (29 May 2024)

The High Court at Jinja dismissed a review application after finding it was served outside the 21-day period required by Order 5 of the Civil Procedure Rules.

  • Service Of Process
  • Review Of Court Orders
  • Timeliness Of Service
  • Judicial Notice
  • Civil-procedure
  • Service-of-process
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Civil Procedure [2022] UGHC 117

Wamalwa Robert & 15 others v Kibimba Limited (Formerly Tilda Uganda Limited)

Wamalwa Robert & 15 others v Kibimba Limited (Formerly Tilda Uganda Limited) (Miscellaneous Application 18 of 2022) [2022] UGHC 117 (13 December 2022)

The High Court dismissed an application to review an abatement order, finding no new evidence or error on the record and awarding costs against the applicants.

  • Review Of Court Orders
  • Abatement Of Suit
  • Judicial Notice
  • Covid19 Lockdown Effects
  • Review-of-court-orders
  • Abatement-of-suit
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Civil Procedure [2022] UGHCCD 278

Wamalwa and 15 Others v Kibimba Limited (formerly Tilda Uganda Limited )

Wamalwa and 15 Others v Kibimba Limited (formerly Tilda Uganda Limited ) (Miscellaneous Application No. 18 of 2022) [2022] UGHCCD 278 (13 December 2022)

The High Court at Jinja dismissed an application to review an order declaring a suit abated, finding no new evidence or error apparent on the record.

  • Review Of Court Orders
  • Abatement Of Suit
  • Judicial Notice
  • Covid 19 Lockdown Effects
  • Locus Standi
  • Steps In Prosecution
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Civil Procedure [2021] UGHCCD 107

Dr. Wanzige Magoola v Makerere University Business School and Another

Dr. Wanzige Magoola v Makerere University Business School and Another (Civil Miscellaneous Application No. 417 of 2020) [2021] UGHCCD 107 (28 June 2021)

The court held that affidavits commissioned by a person who has been struck off the roll of advocates are incurably defective and illegal, as such a person cannot act as a Commissioner for Oaths. This is a judicially noticed fact, supported by statutory provisions and binding case law. The defect is not curable by principles of substantive justice, and the application, being unsupported by valid affidavit evidence, is incompetent and must be struck out. The court distinguished between advocates without a practising certificate (who remain on the roll) and those struck off (who are not advocat…

  • Affidavit Defects
  • Commissioner For Oaths
  • Striking Out Affidavit
  • Judicial Notice
  • Substantive Justice
  • Costs Award
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Land And Property [2021] UGHCLD 129

Jean Humphrey v Tushabe

Jean Humphrey v Tushabe (Civil Suit No. 423 of 2010) [2021] UGHCLD 129 (12 March 2021)

The High Court found that the late Alan J. Humphrey had an equitable interest in the suit property, treated the defendant as holding it in trust, and ordered sale and equal sharing of proceeds.

  • Resulting Trust
  • Beneficial Interest
  • Succession And Administration Of Estates
  • Indefeasibility Of Title
  • Judicial Notice
  • Public Policy
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Land And Property [2008] UGHC 106

Oola Lalobo v Okema Jakeo Akech

Oola Lalobo v Okema Jakeo Akech (Civil Suit No.20 Of 2004) (Civil Suit No.20 of 2004) [2008] UGHC 106 (30 September 2008)

The High Court allowed an appeal in a land trespass dispute, holding that continuous trespass is not barred by limitation and ordering a retrial.

  • Customary Land Ownership
  • Trespass To Land
  • Limitation Periods
  • Continuous Tort
  • Judicial Notice
  • Locus In Quo
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Criminal Law [1955] EACA 318

Kaniu v Reginam (Privy Council Appeal No. 35 of 1954)

Kaniu v Reginam (Privy Council Appeal No. 35 of 1954) [1955] EACA 318 (1 January 1955)

The Privy Council held that the admissibility of evidence in criminal proceedings depends on its relevance to the matters in issue, not on the method by which it was obtained. The court is not concerned with whether evidence was obtained illegally, unless its admission would operate unfairly against the accused, in which case the judge has discretion to exclude it. This principle applies equally to civil and criminal cases. The Board further clarified that the rule regarding confessions remains unchanged: only voluntary confessions are admissible. The court also indicated that judicial notice…

  • Admissibility Of Evidence
  • Illegally Obtained Evidence
  • Judicial Discretion
  • Judicial Notice
  • Confessions
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Criminal Law [1955] EACA 345

Kimari and Others v Reginam

Kimari and Others v Reginam (Criminal Appeals Nos. 216, 217, 218, 219, 220 and 221. of 1955) [1955] EACA 345 (1 January 1955)

The court held that the police officer's evidence regarding the home-made gun was properly admitted as expert evidence, as he demonstrated sufficient practical experience with such weapons. The trial judge was entitled to rely on his opinion that the gun was a lethal firearm. On the issue of joint possession, the court found that the evidence supported the conclusion that the appellants were acting together as a gang of terrorists and that at least some of them had knowledge of the firearm and ammunition. However, the court determined that mere presence in a confined space was insufficient to…

  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
  • Expert Evidence
  • Joint Possession
  • Judicial Notice
  • Standard Of Proof
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Criminal Law [1951] EACA 136

Mahida v Rex

Mahida v Rex (Criminal Appeal No. 515 of 1951) [1951] EACA 136 (1 January 1951)

The appeal against bread-price convictions was allowed because invoices and the controlled price list were not formally produced as court exhibits.

  • Defence Control Of Prices Regulations
  • Evidentiary Production
  • Judicial Notice
  • Subsidiary Legislation
  • Controlled Price Lists
  • Criminal-procedure
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Criminal Law [1951] EACA 139

Kimani v Rex

Kimani v Rex (Criminal Appeal No. 199 of 1950) [1951] EACA 139 (1 January 1951)

The Court of Appeal for Eastern Africa upheld a conviction for administering an unlawful oath, holding the complainant was not an accomplice and that judicial notice could be taken of the proscription notice.

  • Unlawful Oaths
  • Accomplice Evidence
  • Judicial Notice
  • Unlawful Societies
  • Corroboration
  • Penal Code Interpretation
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.