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Citation
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Judgment date
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| December 2011 |
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15 December 2011 |
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A court dismissed a stay of execution for a local government official after finding the decree had already been executed.
Election petitions – stay of execution – applicability of section 95(3) of the Parliamentary Elections Act – scope of automatic stay for local government election appeals – execution of decree prior to application for stay – discretionary powers of the court to order stay of execution.
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5 December 2011 |
| November 2011 |
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24 November 2011 |
| September 2011 |
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Failure to deposit title and to prove irreparable harm led to dismissal of stay application for unclean hands.
Stay of execution – power inherent in Court of Appeal – applicant must prove substantial/irreparable loss or risk of appeal being rendered nugatory – burden of evidence – conditional interim orders and contempt for non-compliance – clean hands doctrine bars equitable relief.
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26 September 2011 |
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Written correspondence formed the contract; respondent proved excess transit losses and appellant's claims, including handling charges, failed.
Contract formation — written correspondence as contract; Carrier liability — contractual undertaking to bear excess transit losses (0.25% threshold); Burden of proof — sections 101–103 Evidence Act; Measurement issues — metering at loading v dipping at destination; Handling charges — no proven contractual basis.
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21 September 2011 |
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21 September 2011 |
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Notice of appeal struck out where letter requesting typed proceedings lacked proof of service and Registrar's certification.
Civil procedure – Appeals – Rule 83(1),(2),(3): requirement of written application for typed proceedings and proof of service; absence of endorsement/Registrar's certificate nullifies notice of appeal. Civil procedure – Records of appeal – Rule 87 and Rule 90: omission of documents may be dealt with by court or by preparatory supplementary record; omission not necessarily fatal.
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2 September 2011 |
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Appeal struck out due to service procedural defects and incorrect computation of filing time.
Civil procedure - Appeal competence - Timing and service of Notice of Appeal - Omission of essential documents.
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2 September 2011 |
| August 2011 |
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Allocation of neighbouring government land to third parties did not breach the applicants’ rights to equality or freedom of religion.
Constitutional law – standing and competence – admissibility of supporting affidavit material; procedural fairness – reliefs affecting non‑parties and audi alteram partem; Constitutional rights – freedom of religion (Articles 29(1)(c), 37) – distinction between belief (absolute) and manifestation (may be limited); Equality and non‑discrimination (Article 21) – allocation of public land and requirement to show discriminatory treatment; Land law – requirement to apply to Uganda Land Commission to acquire government‑held land.
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8 August 2011 |
| July 2011 |
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An appeal filed out of time without complying with procedural requirements for service was struck out as incompetent.
Civil Procedure – Appeal – Computation of time for instituting appeal – Procedural requirements for service of letter requesting typed proceedings – Effect of non-compliance with service requirements – Striking out appeal as incompetent.
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27 July 2011 |
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Appellants failed to rebut respondent’s registered title or strictly prove fraud; appeal dismissed with costs.
* Land law – registered title – conclusiveness of certificate of title (s.59 Registrar of Titles Act) – prima facie paramountcy of registered proprietorship (s.64). * Fraud as exception to registered title – must be strictly proved: prior claim; registrant’s knowledge; deliberate registration despite knowledge. * Evidence – admissibility and role of locus in quo visits to clarify testimony. * Appellate procedure – limited scope of second appeals; not re-evaluating primary evidence except in clearest cases.
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27 July 2011 |
| June 2011 |
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Applicant granted bail pending appeal applying Arvind Patel criteria, subject to substantial bond, sureties, passport surrender and security.
Bail pending appeal – statutory discretion under s.132(4) Trial on Indictment Act and s.40 Criminal Procedure Code – Arvind Patel guidelines (character, first offender, non-violent offence, prospects of success, delay, compliance with bail) – substantial sureties and security (cash deposit, bond, land title, passport surrender, reporting).
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24 June 2011 |
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14 June 2011 |
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Failure to file an appeal and to obtain/serve the certified record renders a stay application misconceived and invalid.
Civil procedure – stay of execution pending appeal; Court of Appeal Rules – rule 83 (notice, certified record, service) and rule 84(a) (appeal deemed withdrawn); failure to produce decree or identify orders sought to be stayed; false averments in affidavit – application struck off with costs.
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10 June 2011 |
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District land board’s failure to hear an occupying administrator and procedural bias rendered its lease award void; renewal ordered by mandamus.
• Land law – expired public lease – continued occupation with landlord’s consent creates tenancy at will and legitimate expectation to renewal; • Succession and RTA s.134 – administrator may apply and registration relates back to date of death; • Administrative law – duty to act fairly (audi alteram partem), irrationality and bias as grounds for certiorari; • Judicial review remedies – certiorari and mandamus appropriate where procedural impropriety and facts make remittal futile.
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1 June 2011 |
| May 2011 |
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Court dismissed application to strike out appeal, ruling it filed within prescribed time after correct service.
Court procedure – service of certified court documents – validity of Registrar's certificate – timelines for appeal filing
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27 May 2011 |
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Repeated applications on the same dispute were held res judicata; the applicant’s reference was dismissed.
Civil Procedure – Res judicata – Section 7 Civil Procedure Act – Repetitious applications and prior extension of time – Abuse of process – Dismissal of reference.
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23 May 2011 |
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The applicant's extension of time for appeal dismissed as res judicata due to prior adjudications.
Civil procedure – res judicata – extension of time – repeated applications for appeals.
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23 May 2011 |
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18 May 2011 |
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Court had no jurisdiction to reopen final appeal; application struck off as res judicata and sub judice.
Court of Appeal jurisdiction – functus officio; Rule 2(2)/s.98 CPA; Rule 36 limited to clerical errors; procedural Rules 43/44 do not grant power to reopen final appeals; Arbitration Act s.34 grounds and one‑month time limit for setting aside awards; res judicata and subjudice bar to re‑litigation; Section 11 Judicature Act does not empower reopening concluded appellate proceedings.
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6 May 2011 |
| March 2011 |
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The Court held respondents were trespassers, allowed the appellants counterclaim, ordered eviction, injunction and UGX 100,000,000/= damages.
Land law - bona fide occupant and bona fide purchaser - section 29 Land Act - purchases after 1995 Constitution - sale by persons without authority - mailo land rights - requirement to obtain landlord's consent; Town and Country Planning Act - lawful demolition by local authority; proof of special and general damages; counterclaim adjudication.
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21 March 2011 |
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Tribunal appointed an arbitrator under the contract’s arbitration clause, naming sequential alternatives and each party to bear its own costs.
* Arbitration – contractual arbitration clause – binding arbitration in Uganda – interpretation of contract to be determined by arbitrator. * Appointment of arbitrator – nomination of primary arbitrator with sequential alternatives under s.12(1) Arbitration and Conciliation Act (Cap.4). * Costs – parties agreed each to bear own costs. * Arbitrator powers – clause precludes punitive or speculative damages and amendment of agreement.
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7 March 2011 |
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Criminal law|Evidence Law|Witness Testimony
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1 March 2011 |
| February 2011 |
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A challenge to company membership after decades of acquiescence is barred by the doctrine of laches.
Company law – Rectification of register – Doctrine of laches – Whether delay and acquiescence bar action to challenge company membership – Long-term recognition and conduct as member and director.
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25 February 2011 |
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Appellant proved paternity but not entitlement to letters; foreign will valid and Ugandan jurisdiction limited to immovables.
Succession – paternity proof for entitlement to administration – validity of foreign will – variation for dependants – jurisdiction limited to immovable property in Uganda.
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16 February 2011 |
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Administrative regradings and negotiations did not amount to an acknowledgement sufficient to revive a time‑barred salary claim.
Limitation law — accrual of cause of action — administrative regrading of salaries; Limitation Act — acknowledgement of debt — requirement for sufficient written acknowledgement or promise; Negotiations and recommendations (including IGG) — do not toll or suspend limitation absent clear acknowledgment; Procedural — time-barred claims dismissed.
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1 February 2011 |
