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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Lady Justice Eva Luswata Discusses The Law On Administration Of Estates Of Persons Of Unsound Mind.

In Re Sogolo Difasi Mugabo A person of Unsound Mind MC No.19 of 2019 The Applicant Kyozira Miria Lynn filed the application seeking to be appointed a manager in charge of helping Mr. Songolo Difasi to manage his estate and bank account on grounds that the patient suffering from schizophrenia, a chronic disorder which causes…

November 5, 2019
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Hon. Justice Ssekaana Musa Discusses When A Decision Should Be Subjected To Judicial Review

This was an application for judicial review where the Applicant sought a declaration that the continued non-issuance of the Degree Certificate of Bachelor of Education to the Applicant by the Respondent and or its Vice Chancellor and Academic Registrar is illegal, irregular and or unlawful and as such infringes on the Applicants’ Constitutional rights. The…

October 23, 2019
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Hon. Justice Kwesiga Discusses The Justifications For Revision

In the Case of Kiggwa Hannington & Others V Uganda. Revision Cause No. 005 of 2018. This was a revision of the decision of the judgment made by H/W Gakyaro Allan delivered on 23rd February 2018 on grounds that the evidence on record was not properly evaluated and failed to ascertain that there were major…

October 23, 2019
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Justices Musoke Elizabeth, Hellen Obura & Ezekiel Muhangi Discuss The Law On Confessions

Gule Sheikh Twaha V Uganda Criminal Appeal No. 491 Of 2014 In The Court Of Appeal Uganda; This was a case where the Appellant was convicted of murder Contrary to Section 180 & 189 of the Penal Code Act and sentenced to life imprisonment by His Lordship Masalu Musene in a Judgement delivered on the…

October 23, 2019
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Unsworn Evidence Of A Child Of Tender Years Who Is A Single Identifying Witness Must Be Corroborated

Nsenga Edward V Uganda In The Court Of Appeal Of Uganda At Kampala, Criminal Appeal No.054 Of 2014. Coram; Hon. Justice Elizabeth Musoke, Hellen Obura & Ezekiel Muhanguzi Judgement Delivered On The 15th July, 2019. This was an Appeal against the decision of the High Court wherein the Appellant was convicted of the offense of…

October 23, 2019
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