Judgments

* 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.

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.

* 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.

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.

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.

* 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.

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.

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.

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.

Civil procedure – setting aside dismissal for non-appearance – Order 9 Rule 23(1) – sufficient cause – counsel's default – inherent jurisdiction (s.98 CPA) – reinstatement.

Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Requirement to show bona fide triable issue – Distinction between triable issue and merits – Loan indebtedness and restructuring dispute.

Civil procedure – Judgment on admission (Order 13 r 6) – discretion to grant – requires clear, unambiguous admission to the claim; contextual reading of pleadings; admissions of facts not necessarily admissions of liability – offsets and contractual conditions may negate admission.

Stay of execution – pending appeal – requirement to show likelihood of success, imminent threat of execution, irreparable harm and absence of unreasonable delay; monetary decrees ordinarily reversible; security for due performance.

* Land law – Uganda Land Commission – statutory requirement that the Secretary conduct Commission correspondence (s.51(3) Land Act) – effect of unauthorized Chairperson correspondence.* Public land allocation – validity of purported allocation – commission minute deferring allocation versus subsequent Chairperson letters.* Burden on prospective lessee to ensure lawful acquisition; no duty on Commission to regularize unlawful applicant actions.* Evidence – inadmissibility and legal effect of unauthorized official communications.

Public procurement — Administrative review — Timeliness of complaint — Disclosure obligations — Confidentiality of evaluation documents — Evaluation procedure — Key staff/sub-contracting — Permissibility and limits of post-evaluation price corrections and negotiations — Remedy: setting aside BEB notice and re-evaluation.

* Criminal law – Aggravated defilement – sentencing range and discretion; appellate interference only where illegal, wrong principle, material factor overlooked, or sentence manifestly harsh or excessive. * Sentencing Guidelines – Third Schedule and statutory range (30 years to death) applicable. * Mitigating and aggravating factors – first offender status, family responsibilities, premeditation, victim’s age and injuries, and lasting harm. * Consistency in sentencing – desirable but not binding; factual differences justify variance.

* Civil procedure – Review under Order 46/section 82 – error apparent on face of record, new evidence or other sufficient reason required; review not to serve as disguised appeal. * Corporations – lifting the corporate veil – liability of non‑parties and standard of proof. * Jurisdiction – substantive jurisdictional complaints are appealable. * Delay and diligence – failure to seek timely review/enlargement of time may lead to dismissal. * Execution proceedings and alleged abuse of process.

* Criminal law – Sexual offences – Aggravated defilement – prima facie case requirement under Section 74(1) Trial on Indictments Act; Bhatt v R test. * Evidence – Child complainant evidence – need for corroboration and caution. * Medical evidence – hymenal absence without tears or semen is inconclusive; delay in reporting undermines forensic corroboration. * Evidence Act s30 – limits on admissibility of out-of-court statements in the absence of applicable exception.

* Civil procedure – Leave to appeal – Applicant must show arguable grounds/prospects of success for leave to appeal (Order 44 r2). * Civil procedure – Service of interlocutory processes – court’s power to enlarge time; leave to serve out of time (section 96; Order 51 r6). * Civil procedure – Dismissal under Order 9 r17 and setting aside under Order 9 r18 – sufficient cause and exercise of discretion. * Evidence – Alleged hearsay objection weakened where decision rests on non-notification and court record. * Abuse of process – Re-litigating an issue already determined by trial court may constitute abuse.

Land law – ownership by lineage succession; burden of proof under Evidence Act; nemo dat quod non habet; failure to call key witness; trespass – unauthorized entry despite clan directive; striking out vague grounds of appeal.

Contract law – interpretation of clauses requiring notice and time of essence; electronic communication (WhatsApp) as receipt of information/notice; lawful termination where buyer fails to pay balance within contractual 14-day period; remedy of refund for total failure of consideration; specific performance claim dismissed.

Civil procedure – Order 11A, Rule 1(2) and (6) SI 71-1 – mandatory duty to take out summons for directions within 28 days – failure to comply results in abatement of suit; procedural compliance and consequences.

Succession law – determination of estate property; joint tenancy and right of survivorship; corporate personality and transmission of shares; validity and purpose of caveats in administration proceedings; fit and proper test for appointment of administrators.

* Civil procedure – Discovery – Order 10 r.12 – Whether bank statements are discoverable when relevant to defence and within respondent’s control. * Discovery requisites – relevance/materiality, not privileged, possession/control, prior attempts to obtain. * Procedural objections – late submissions and contested rejoinder affidavit – Court’s discretion to avoid technicalities. * Privacy objection to bank statements considered but not pleaded as privilege.

* Arbitration law – appointment of arbitrators – party autonomy – court intervention limited where institutional appointing authority exists (ICAMEK designated 23 April 2019). * Civil procedure – interlocutory relief – court to preserve arbitration agreement and refer parties to appointing authority where available. * Arbitration and Conciliation Act – Sections 2, 9 and 11 – role of appointing authority and limits on judicial appointment.

* Civil Procedure — Costs — section 27 Civil Procedure Act — costs generally follow the event but are in the court's discretion. * Appellate review — interference with costs orders — only where discretion is not judiciously exercised or is abused. * Burden on appellant to show overlooked matters or improper exercise of discretion.

Family law – Customary marriage – Property acquired during marriage presumed matrimonial property; Limitation Act and adverse possession do not extinguish a spouse’s declaratory claim to matrimonial interest while marriage subsists; transfers of matrimonial land without consultation or dissolution are legally defective.

Data protection – application of the Data Protection and Privacy Act to public bodies; misuse/misattribution of TINs; correction procedures (s.16) and administrative complaint to the Authority (s.31); Tax Procedures Act s.55/s.66 – offence of using false TIN; innocent administrative error rectified by URA does not automatically give rise to civil damages.

* Administrative and procedural law – Commissioner of Oaths (Advocates) Act – only practising advocates with valid practising certificates may act as commissioners for oaths; commission terminates on ceasing to practise. * Evidence – Validity of affidavits – an affidavit sworn before a person not authorised to act as commissioner of oaths is invalid and vitiates proceedings. * Civil Procedure – Order 19 r 3(1) – a defective supporting affidavit goes to the root of the application. * Revision – High Court’s powers under section 83 of the Civil Procedure Act to set aside proceedings founded on invalid affidavits.

Civil procedure – Appeals – Service of memorandum of appeal – falls within timelines for service of process (Order 49(2), Order 5(2)) – affidavit of service required; Civil procedure – Appeals – Want of prosecution – prolonged inaction amounts to abuse of process – dismissal justified; Civil procedure – Registrar’s role under Order 43 r.31 versus party application to dismiss for want of prosecution.