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Recent Judgments

Revision application dismissed for late service of notice of motion without seeking the required extension.
* Civil procedure – service of notice of motion – notice of motion treated as notice under Order 49 Rule 2 – must be served in manner and time provided for service of summons (Order 5 Rule 2). * Civil procedure – time for service – summons to be served within twenty-one days; extension to be sought within fifteen days after expiry. * Civil procedure – extension/enlargement of time – court discretion to extend but only on application; failure to apply is fatal. * Procedural compliance – non-compliance with service timelines can lead to dismissal of application with costs.
13 November 2025
Applicant’s claim of sovereign/diplomatic immunity failed; court upheld jurisdiction and the default judgment, awarding costs to respondents.
Sovereign/diplomatic immunity – corporate agency v. state organ – USADF established as corporate body suable in foreign courts; service of process – diplomatic channels not required for independent corporate agencies; commercial activity exception to diplomatic immunity; setting aside ex parte/default judgment – sufficiency of cause and compliance with statutory timelines.
13 November 2025
Court refused to set aside an arbitral award; found delay and interest rate did not vitiate the award and ordered enforcement.
* Arbitration — setting aside award — timeliness — one‑month limit for filing set‑aside applications under section 34(3). * Arbitration — court jurisdiction — power to set aside awards under section 34 and limited supervisory role. * Arbitration — delay in making award — delay alone not a ground to set aside absent prejudice or patent illegality; arbitrator may extend time. * Public policy — challenge to interest award — narrow test; tribunal's discretionary award of interest under section 26(2) Civil Procedure Act upheld. * Enforcement — where set‑aside application is refused or time to apply has expired, award enforceable as decree under section 36.
13 November 2025
Court allowed limited amendment of plaint; late service of reply not fatal and locus standi objection deemed premature.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – Amendments to be freely allowed before hearing unless they introduce a new cause of action or cause irremediable injustice; service of affidavit in reply – late service not fatal if served within reasonable time before hearing; preliminary objections on locus standi premature in amendment proceedings.
13 November 2025
Written sale agreement upheld; no spousal-consent defect; third party protected as bona fide purchaser; plaintiff's claim dismissed and caveat removed.
Contract evidence – parole evidence rule and Section 92 Evidence Act; proof standards under Sections 101–103 Evidence Act; Land law – family land and spousal consent under Sections 38A/39 Land Act; bona fide purchaser protection; removal of caveat; vacating unsubstantiated claims.
11 November 2025
WhatsApp messages and bank transfers satisfied statutory writing requirement; plaintiff entitled to restitution for unjust enrichment (UGX 325,000,000 plus interest).
* Contracts Act s.10(5) – sufficiency of writing – informal writings (WhatsApp, bank transfers) may be pieced together to satisfy statutory writing requirement; * Restitution / unjust enrichment – money had and received for total failure of consideration; test whether defendant has legal basis to retain benefit; * Evidence – corroboration of oral testimony by predispute documents; * Set‑off – counterclaim damages set off against plaintiff’s restitution; * Interest and costs – discretionary award where litigation prolonged.
11 November 2025
Court extended expired letters of administration two years and ordered inventory filing within three months.
Succession law – Renewal/extension of Letters of Administration – Effect of section 337(2) and discretionary renewal under section 337(4); Administrator's duties – filing Inventory and Accounts; Beneficiary consent and satisfactory performance as factors for extension; Court-imposed conditions and time limits.
11 November 2025
Court allowed amendment of a generalized memorandum of appeal under Section 98, finding no undue prejudice and ordering costs to applicant.
Civil procedure – amendment of memorandum of appeal – Section 98 Civil Procedure Act – discretion to allow amendments – must be exercised judiciously; Appeal grounds – need for specificity; Prejudice – balancing delays against resolving substantive land disputes; Affidavit in reply – no statutory deadline for filing; late filing not automatically struck out.
11 November 2025
Court extended expired letters of administration for two years, ordered inventory filing and corrected the decedent's name.
Succession Act — renewal/extension of Letters of Administration; statutory expiry under s.337(2) and extension under s.337(4); duty to file estate inventory and accounts; beneficiary consent; rectification of decedent's name.
11 November 2025
Counsel’s late attendance amounted to sufficient cause; dismissal set aside and application reinstated.
Civil procedure – setting aside dismissal for non-appearance – Order 9 Rule 23(1) – sufficient cause – counsel's default – inherent jurisdiction (s.98 CPA) – reinstatement.
11 November 2025
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