Understanding the grounds for granting bail basing on the seriousness of the offence

This is a case of bail application whereby on September 15, 2018, the Applicant was arrested from his work place by intelligence officers and detained at a safe house in Mbuya for more than a month without access to his family.  He was later informed that he would only be released once they got the…

February 7, 2020
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Hon. Justice David Wangutusi discusses principles relating to the validity of a sale in contracts

In the case of Emco Works Limited, Joseph Lujuza, Ponny Lusiba KiwanukaV Eco Bank Limited Misc. Application   No. 936 of 2018. The Applicants filed this Application seeking unconditional leave to appear and defend Civil Suit No. 860 of 2018 which was instituted under Order 36 of the Civil Procedure Rules. The 1stApplicant was advanced a…

February 7, 2020
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Court discusses ground for appeal

In the case of Sukuton Ali V Augustine Kapkwonyongo & others Civil Appeal No. 117 of 2012. In a judgement delivered by Hon. Justice Night Percy Tuhaise on the 20thDecember 2019. This was a second appeal from the judgment of H/W Gimugu K G1 Magistrate of Kapchorwa Magistrates Court. The Appellant filed a suit in…

February 7, 2020
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Hon. Justice Joseph Murangira discusses the qualifications to be appointed an adoptive parent.

In The Matter Of A Petition By Mryta Burpee (Female) For Adoption Of Ns (Child) Adoption Cause No. 001 Of 2019. Hon. Justice Dr.  Joseph Murangira in his judgment delivered on 19th November 2019 discusses the qualifications to be appointed an adoptive parent. This petition was brought under Article 139 (1) of the Constitution of the…

January 17, 2020
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He who alleges must prove

Ali Singer V Maragaret Nankabirwa In The Supreme Court Of Uganda At Kampala, Civil Appeal No.03 Of 2016. The Hon. Justices of the Court of Appeal in their judgment delivered on the 7th November 2019 discuss the principle of he who alleges must prove the fact. Coram; Justice Tumwesigye, Kisakye, Opio Aweri, Mwondha & Tibatemwa….

January 17, 2020
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The Parole Evidence Rule

Gold view Inn (U) Limited V Barclays Bank (U) Limited CS No. 358 of 2009. Hon. Lady Justice Helen Obura in her judgment discusses the parole evidence rule provided for under Section 92 of the Evidence Act The plaintiff company commenced suit seeking special damages totaling to Ushs 319,476,273, USD 80.00, General damages of  Ushs…

January 17, 2020
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What amounts to aggravated defilement?

Uganda V Orem Nicholas Criminal Session  No. 459 of 2010. Lady Justice Flavia Senoga in her judgment delivered on 1.10.2013 discusses the ingredients of aggravated defilement to include; There was unlawful sexual act committed The victim of the offence was below 14 years of age at the time of the offence The accused person is…

January 17, 2020
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Court Must Not Base Itself on The Isolated Evaluation Of The Prosecution Evidence Alone But Base Itself Upon The Evaluation Of The Evidence As A Whole, Says Supreme Court

Mwanga Moses V Uganda Criminal Appeal No. 02 Of 2018 The Honorable Justices of the Supreme Court Hon. Justice Faith Mwondha, Lillian Tibatemwa, Paul Mugamba, Richard Buteera and Jotham Tumwesigye in their judgment delivered on 21st October, 2019 state that evidence should be evaluated as a whole. This was a second Appeal arising from the…

November 14, 2019
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The Unsworn Evidence of A Child Of Tender Years Who Is A Single Identifying Witness Must Be Corroborated Says The Court Of Appeal

In The Case Of Nsenga Edward V Uganda In The Court Of Appeal Of Uganda At Kampala Criminal Appeal No.054 Of 2014  The Hon. Justices of the Court of Appeal, Hon. Justice Elizabeth Musoke, Hellen Obura & Ezekiel Muhanguzi in their judgment delivered on the 15th July, 2019 state that the unsworn evidence of a…

November 5, 2019
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The Equitable Doctrine Of Estoppel Should Only Be Invoked As A Shield And Not A Sword

Akkermans Industries Enginering V A.G Civil Appeal No. 88 Of 2009 [2019] Ugca 2019 In The Court Of Appeal Of Uganda The Justices of the Court of Appeal; Hon. Justice Hellen Obura, Elizabeth Musoke & Egonda Ntende in their judgment delivered on the 19th September, 2019 discuss the equitable doctrine of estoppel. This was a…

November 5, 2019
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