Orishaba v Ngobi (Miscellaneous Application 49 of 2023) [2024] UGHC 621 (29 May 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 49 of 2023
Judge
Bukirwa, J
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.
Wamalwa Robert & 15 others v Kibimba Limited (Formerly Tilda Uganda Limited) (Miscellaneous Application 18 of 2022) [2022] UGHC 117 (13 December 2022)
Court
High Court of Uganda
Case number
Miscellaneous Application 18 of 2022
Judge
Bukirwa, J
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.
Wamalwa and 15 Others v Kibimba Limited (formerly Tilda Uganda Limited ) (Miscellaneous Application No. 18 of 2022) [2022] UGHCCD 278 (13 December 2022)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 18 of 2022
Judge
Bukirwa, J
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.
Dr. Wanzige Magoola v Makerere University Business School and Another (Civil Miscellaneous Application No. 417 of 2020) [2021] UGHCCD 107 (28 June 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Miscellaneous Application No. 417 of 2020
Judge
Boniface Wamala, J
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…
Jean Humphrey v Tushabe (Civil Suit No. 423 of 2010) [2021] UGHCLD 129 (12 March 2021)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 423 of 2010
Judge
Kawesa, J
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.
Kaniu v Reginam (Privy Council Appeal No. 35 of 1954) [1955] EACA 318 (1 January 1955)
Court
East African Court of Appeal
Case number
Privy Council Appeal No. 35 of 1954
Judges
De Silva, Lord Goddard, Lord Oaksey
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…
Kimari and Others v Reginam (Criminal Appeals Nos. 216, 217, 218, 219, 220 and 221. of 1955) [1955] EACA 345 (1 January 1955)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 216, 217, 218, 219, 220 and 221. of 1955
Judge
Bourke J, Nihill P, Worley VP
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…
Kimani v Rex (Criminal Appeal No. 199 of 1950) [1951] EACA 139 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 199 of 1950
Judge
Graham Paul CJ, Lockhart-Smith, J, Nihill P
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.