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Recent Judgments

Accused convicted for aggravated robbery based on reliable identification, admitted panga possession, and contradictory defence.
Criminal law – Aggravated robbery – Identification evidence at night – Familiarity and moonlight as reliability factors; Non-production of exhibits not fatal to prosecution (Wanzama v Uganda); Burden and standard of proof (Woolmington v DPP; Miller v Minister of Pensions); Assessors’ opinion – judge’s duty to state reasons for departure under s.83(3) Trial on Indictments Act.
7 October 2025
7 October 2025
Court finds disputed land part of an heir's estate, not ancestral land, and administrators did not obtain grants by fraud.
Succession and land law – disputed parcel held as part of an heir's estate, not ancestral land – whether Letters of Administration were fraudulently obtained – Administrator General’s role and Certificate of No Objection – title transfers intended to preserve family estate – remedies: revocation, declaration, eviction, damages, costs.
6 October 2025
Late-stage amendment introducing a new cause of action and reopening a nearly completed trial was refused for prejudice and lack of grounds.
* Civil procedure – amendment of pleadings – Order 6 r.19 – amendments to determine real questions in controversy; amendments introducing a new cause of action at an advanced stage are disallowed. * Civil procedure – reopening closed case – grounds for reopening (fresh evidence not reasonably discoverable, inadvertent error, mistaken apprehension of facts or law) – failure to satisfy grounds warrants refusal. * Finality and prejudice – late-stage amendments/reopening causing de novo restart and unfair prejudice justify denial and costs to respondents.
6 October 2025
Failure to seek extension within 15 days after 21-day service period renders appeal and validation application incompetent.
Civil procedure — Service of process — Order 49 r.2 and Order 5 r.1(1)(a) CPR — Mandatory 21-day service rule — Extension of time must be sought within 15 days after expiry — Late application renders proceedings incompetent/nullity.
6 October 2025
High Court lacks jurisdiction to hear contempt of a magistrate’s order whose file is before the High Court on appeal.
Contempt of court – jurisdiction – only the court that issued an order may punish contempt of that order; High Court supervisory powers do not confer jurisdiction to hear contempt of subordinate court orders merely because the subordinate court file is before the High Court on appeal; Registrar’s powers limited to expressly conferred matters.
6 October 2025
An unsubstantiated caveat will be vacated; registered indefeasible title prevails absent prima facie evidence of interest.
* Property law – Caveat – statutory nature; caveator must show prima facie legal or equitable interest supported by evidence. * Registration of Titles – Indefeasibility of title – certificate of title is conclusive evidence of ownership. * Civil procedure – Caveat akin to interlocutory injunction – cannot subsist indefinitely; caveator must prosecute substantive proceedings with diligence. * Relief – Court may vacate caveat and order Registrar to remove it where claim is unsubstantiated or delayed.
6 October 2025
Validation of still-subsisting letters of administration was moot; court dismissed the unpleaded, procedurally defective application.
* Succession Act s256(2) – validity period of letters of administration – grants valid for up to two years. * Civil procedure – mootness – courts will not grant reliefs that are academic or devoid of operative effect. * Pleadings – Order 6 Rule 5 – reliefs must arise from the notice of motion; departures are impermissible. * Evidence – oral submissions cannot substitute for affidavit evidence; facts must be placed on record. * Procedure – unpleaded relief cannot be granted; application found incompetent and dismissed.
6 October 2025
Plaintiff proved UGX 53,000,000 paid and is entitled to refund with interest; full purchase price not proved, so no breach.
* Contract of sale – proof of payment – acknowledged receipts required to establish full consideration paid. * Burden of proof – plaintiff must prove payments even if defendant does not call witnesses. * Remedy – restitution of proved payments with interest; no general damages where restitution adequate. * Evidence – unsigned payment breakdowns do not substitute for acknowledgements of receipt.
6 October 2025
Appellant’s inconsistencies and an inter vivos deed of donation defeated claims; appeal dismissed for lack of merit.
* Civil procedure – first appeal – re-hearing duty of appellate court – striking out vague grounds. * Constitutional/fair hearing rights – access to legal representation and right to interpreter in civil proceedings. * Jurisdiction – pecuniary limits of Magistrate Grade I; sale consideration vs market value. * Succession and property law – effect of an inter vivos deed of donation; when letters of administration are required. * Evidence – effect of contradictory pleadings and voluntary admissions on credibility and ownership findings. * Tort – trespass to land where buyer lawfully possessed and defendant interfered.
6 October 2025
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