Uganda Case Law

Oriental Insurance Brokers Ltd v Transocean (U) Ltd

Oriental Insurance Brokers Ltd v Transocean (U) Ltd (Civil Appeal 55 of 1995) [1997] UGSC 11 (1 October 1997)

Court

Supreme Court of Uganda

Case number

Civil Appeal 55 of 1995

Judge

Oder, JSC, Tsekooko, JSC, Karokora, JSC

The Supreme Court held that while the trial judge has the authority to frame, amend, or add issues as necessary for determining the matters in controversy, such powers must be exercised in consultation with the parties and not arbitrarily. The judge erred by introducing new issues during judgment without reference to the parties or their advocates, thereby prejudicing the appellant. The proper procedure would have been to postpone writing the judgment, inform counsel of the intention to amend the issues, and allow them to call evidence or make submissions on the new issues. The failure to do…

Source excerpt

• Framing Of Issues
• Judicial Discretion
• Consultation With Parties
• Prejudice Due To Procedure

Rex v Tanywamugwabi (Cr. App. 74/1938.)

Rex v Tanywamugwabi (Cr. App. 74/1938.) [1933] EACA 21 (1 January 1933)

Court

East African Court of Appeal

Case number

Cr. App. 74/1938.

Judge

Barth CJ, Gamble. Ag. J. (Kenya), Thomas, J. (Kenya)

The Court of Appeal for Eastern Africa quashed a murder conviction because two distinct offences were charged in one count, contrary to Uganda procedure rules.

• Joinder Of Charges
• Duplicity Of Counts
• Murder Trial Procedure
• Criminal Information
• Prejudice Due To Procedure
• Duplicity-of-counts