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Recent Judgments

Applicant failed to prove ownership and possession of 195 cattle; application to restrain attachment dismissed and costs awarded.
Civil Procedure — Objector proceedings (Order 22 Rules 55–57) — burden to prove interest and possession at date of attachment; Oaths Act/Commissioners for Oaths — jurat requirement, place and date — non-compliance grounds for striking affidavits; Evidence — presence of property on land insufficient without specific linkage (records, branding, herdsmen); Execution — obstruction by judgment debtor relevant to possession assessment; Remedies — objector application dismissed, costs awarded to respondent
14 April 2026
A valid arbitration agreement ousts court jurisdiction; suit dismissed for failure to refer dispute to arbitration.
Arbitration law – mandatory referral under s.5 Arbitration and Conciliation Act – existence and enforceability of arbitration agreement – permissive wording ('may') does not oust statutory duty to refer – dismissal for want of prosecution does not substitute for commenced arbitral proceedings
14 April 2026
Acting deputy registrar exceeded jurisdiction by dismissing originating summons; dismissal set aside and matter reinstated.
Civil procedure – Jurisdiction of registrars – Limits of registrar/deputy registrar powers under Order 50 and Practice Direction – Dismissal for non-appearance is substantive and not within registrar’s delegated powers; review for lack of jurisdiction
14 April 2026
Appeal dismissed as incompetent and time‑barred; registrar’s extension of time was void and notice of appeal was insufficient.
Civil procedure — Appeal from Magistrate's Court to High Court — Memorandum of appeal mandatory — Notice of appeal does not commence appeal — Limitation for appeals (Section 79 CPA) — Registrar's powers — Illegal extension of time is nullity — Appeal incompetent and dismissed with costs
14 April 2026
An appeal filed beyond the 30-day statutory period without an extension is incompetent and dismissed with costs.
Civil procedure — Appeal to High Court — Requirement of memorandum of appeal (Order 43) — Section 79 Civil Procedure Act — 30-day time limit — Notice of appeal insufficient — Out-of-time appeal without extension incompetent — Appeal dismissed with costs
14 April 2026
Applicant failed to show a bona fide triable issue; summary judgment entered for the respondent for UGX 105,678,860.
Civil procedure — Summary procedure (Order 36) — Leave to appear and defend — Requirement to show bona fide triable issue and attach draft defence — Failure to do so leads to summary judgment and costs
14 April 2026
Alleged false marriage certificate excluded on appeal for lack of reasonable diligence and no probable impact on outcome.
Civil procedure – Admission of additional evidence on appeal – Order 43 Rule 22 – requirements of diligence, relevance, credibility and material influence; Evidence – documentary verification of marriage – background evidence versus juridical basis for property transfer; Fraud – must go to the root to vitiate judgment
14 April 2026
A plaintiff's pre-existing equitable customary land interest prevails over a later registered lease intended to defeat it.
Land law – customary/equitable interest v registered title – procuring registration to defeat pre-existing unregistered interest amounts to fraud – unpleaded defences not allowed – expired leasehold title cannot be cancelled – remedies: declaration of equitable ownership, damages, costs, and compensation
13 April 2026
Re-filing a bill after procedural dismissal is not res judicata, but the Registrar lacked jurisdiction without a judge's order.
Advocates' costs — taxation of advocate-client bill — Regulation 47 and section 63 Advocates Act — res judicata — requirement of a Judge's order before Registrar taxation — competence of Deputy Registrar
13 April 2026
Whether statutory exclusions for probationary employees deprive them of constitutional fair hearing and labour remedy protections.
Employment law — Probationary contracts — Distinction between constitutional right to a fair hearing (Article 28) and natural justice right to be heard — Sections 67(1) & 71(3) Employment Act 2006 challenged — Provision not inconsistent with Articles 20, 28(1), 42, 44(c) — Foreign law inadmissible without proper proof
13 April 2026
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