Court of Appeal of Uganda - 1999 March

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10 judgments

Citation	Judgment date
March 1999
Non - Performing Assets Recovery Trust v Kagadu Enterprises Limited (Civil Appeal 26 of 1998) [1999] UGCA 56 (31 March 1999) An applicant who accepts and pays taxed costs without protest cannot pursue a reference challenging the taxation. Costs — Taxation of costs — Payment of taxed costs — Effect of acceptance and payment without protest — approbation and reprobation — Abuse of process — Failure to disclose payment in ex parte proceedings.	31 March 1999
Kitgum District Administration v Print and Stationary Supplies Uganda Limited (Civil Appeal 44 of 1998) [1999] UGCA 58 (30 March 1999) A statutory successor council can be substituted for a repealed corporate body when the statute transfers assets, liabilities and proceedings. Administrative law – Statutory repeal and succession – Effect of Local Governments (Resistance Councils) Statute 1993 – Sections 49, 50 and 51 transfer assets, liabilities and pending proceedings to successor council; Civil procedure – substitution of parties – Order 1 r 10; Pleadings – Order 6 r 27 requirement to raise points of law in pleadings; Appellate jurisdiction – exercise of original-jurisdiction powers under judicature statute to correct party misjoinder.	30 March 1999
Wilberforce v Tinkasimire (Civil Appeal 32 of 1998) [1999] UGCA 46 (19 March 1999) Appellate court wrongly displaced trial finding; purchaser had title (sale or adverse possession) and was bona fide purchaser. Land law – possession, sale and part performance; adverse possession; bona fide purchaser for value; appellate admission of additional evidence under s.81 C.P.A.; probative value of municipal receipts and vouchers.	19 March 1999
Wilberforce v Tinkasimire (Civil Appeal 32 of 1998) [1999] UGCA 50 (19 March 1999) Appellate court’s additional evidence order upheld; intermediate purchaser had title (or adverse possession); appeal allowed. Civil procedure — Admission of additional evidence on appeal under s.81(1) C.P.A. — exceptional exercise of discretion — sketch plan and locus in quo evidence; Property law — Part performance and transfer of land by consented possession; Adverse possession — long undisturbed occupation; Evidence — municipal receipts and vouchers — relevance to plot identification; Equity — bona fide purchaser for value without notice.	19 March 1999
Emomeri v Shell Uganda Limited (Miscellaneous Application 35 of 98) [1999] UGCA 41 (11 March 1999) Application to adduce evidence that opposing counsel lacked a practising certificate was refused as irrelevant to the appeal's merits. Court of Appeal – Rule 29(1)(b) – admission of additional evidence on appeal – discretionary power – applicant must show sufficient reason – evidence about advocate’s practising certificate concerns counsel’s conduct not merits – application dismissed.	11 March 1999
Uganda Corporation Creameries Ltd and Another v Reamator Limited (Misc. Civil Application No. 48 of 1998) [1999] UGCA 86 (5 March 1999) Registrar lawfully issued warrant under s.47(2) Judicature Statute; applicant’s challenge dismissed with costs. Execution of appellate judgments – Section 47(2) Judicature Statute – Registrar’s power to issue warrants of attachment; Abuse of court process; Interaction with s.29 Civil Procedure Act and absence of Court of Appeal execution rules.	5 March 1999
Uganda Corporation Creameries Ltd v Reamator Ltd (Civil Application 48 of 1998) [1999] UGCA 51 (5 March 1999) Registrar may issue warrants to execute Court of Appeal orders under Section 47(2); issuance was not an abuse of process. Execution of appellate decrees; Registrar's powers under Section 47(2) Judicature Statute; warrant of attachment by Court of Appeal Registrar; abuse of court process; relation to Civil Procedure Act (s.29).	5 March 1999
Namoda v The New Vision Printing & Publishing Corporation (Civil Appeal No. 21.98) [1999] UGCA 73 (4 March 1999) Appeal struck out for non-compliance with legal rules on specifying points of law in the memorandum. Civil procedure – memorandum of appeal defects – compliance with rules – specificity in points of law – Rule 85(1) of the Court of Appeal rules.	4 March 1999
Non -Performing Assets Recovery Trust v General Parts Uganda Limited (Civil Appeal 45 of 1998) [1999] UGCA 45 (4 March 1999) An application for additional security for appeal costs requires clear evidence of inability to pay; absent such proof the order is set aside. Civil procedure — security for costs on appeal — party seeking security must prove necessity and inability to pay — receivership/liquidation and encumbered assets may be prima facie evidence but are not conclusive — insufficient evidence requires setting aside order for additional security.	4 March 1999
Peoples Transport Company Limited (In recievership) v Afric Co-operatives SOC limited (Civil Appeal 41 of 1997) [1999] UGCA 32 (4 March 1999)	4 March 1999