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Citation
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Judgment date
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| November 2025 |
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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.
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13 November 2025 |
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Judgment on admission requires a clear, unconditional admission to the claim; factual admissions alone were insufficient, application dismissed.
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.
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11 November 2025 |
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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.
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11 November 2025 |
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Application for stay of execution dismissed: appeal pending but no demonstrated likelihood of success or irreparable harm.
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.
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11 November 2025 |
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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.
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11 November 2025 |
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Applicant demonstrated bona fide triable issues; unconditional leave to appear and defend in summary suit granted.
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.
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11 November 2025 |
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A review application that re‑argues substantive or jurisdictional grievances is a disguised appeal and will be dismissed absent an error apparent on the record.
* 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.
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10 November 2025 |
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Court ordered discovery of respondent’s 2022 bank statements as material to applicants’ defence, overruling procedural objections.
* 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.
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7 November 2025 |
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Court declined to appoint an arbitrator and directed parties to agree or apply to ICAMEK within 20 days.
* 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.
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7 November 2025 |
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Failure to attend ordered cross‑examination justified striking the affidavit, dismissal and entry of default judgment against the applicants.
Civil procedure – non‑compliance with court orders – failure to attend court‑ordered cross‑examination – striking off affidavit; Commercial Court Practice Directions (Direction 7) – dismissal for non‑compliance; default judgment entered for failure to prosecute.
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5 November 2025 |
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An earlier good‑faith user’s prior filing and use can invalidate a later registration obtained in bad faith.
Intellectual property — Trade Marks — First-to-file principle vs prior good-faith user — filing confers constructive priority during non-completion window; Bad faith applications — filing against a pending earlier application can infer bad faith; Honest concurrent use and "other special circumstances" — requirements and limits; Well‑known/unregistered marks and passing off — grounds for cancellation; Section 88 power to expunge registrations entered in error; Laches not a bar to non-monetary relief where public confusion is inevitable.
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4 November 2025 |
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A suit was dismissed for want of prosecution after the plaintiff failed to take steps following substituted service.
Land suit — substituted service by newspaper — affidavit of substituted service filed — plaintiff failed to prosecute — dismissal for want of prosecution under Section 17(2)(a) Judicature Act.
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4 November 2025 |
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Six-year unexplained delay and effective service on directors defeated application to set aside default judgment; leave to defend denied.
Civil procedure – setting aside default judgment – Order 36 r.11 and Order 9 r.27; effective service – personal service, service on directors and service via lawyer; Companies Act s.254 on service on foreign companies; delay and laches – inordinate six-year delay; requirement to show plausible triable issues (draft defence).
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4 November 2025 |
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Stay of execution pending appeal refused for inordinate delay and because execution was already completed despite an offer of security.
* Civil procedure – Stay of execution pending appeal – Requirements under Order 43 Rule 4: filed appeal, no undue delay, imminent execution threat, substantial loss, security. * Failure to file properly endorsed notice of appeal; inordinate delay; execution already completed; offer of security accepted but insufficient to sustain stay. * Application dismissed with costs.
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4 November 2025 |
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Court pierced the corporate veil under section 98 CPA and ordered the directors to pay the unsatisfied judgment debt.
* Civil procedure – Execution – unsatisfied warrant – application to pierce corporate veil to satisfy judgment debt – substituted service – section 98 Civil Procedure Act.
* Company law – lifting/piercing corporate veil – directors ordered to pay corporate judgment debt where execution cannot be satisfied.
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3 November 2025 |
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Whether CAM cards are reception apparatus or parts under the EAC CET — court held they are parts attracting 25% duty.
Customs classification – EAC Common External Tariff – HS Codes 8528.71 (reception apparatus) vs 8529.90 (parts) – conditional access module (CAM) characterised as part, not standalone receiver; tax interpretation principles – ambiguity favouring taxpayer but classification supported by evidence; refund of duties – entitlement only where erroneous overpayment.
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3 November 2025 |
| October 2025 |
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Leave to appeal granted and execution stayed conditionally pending appeal, subject to 30% deposit of the decretal sum.
* Civil procedure – Leave to appeal (Order 44) – discretionary grant where appeal has reasonable prospect of success or arguable grounds and application complies with time and form.
* Civil procedure – Finality of dismissal under Order 17 r.4 and recourse by way of appeal.
* Execution – Stay of execution (Order 22 r.23 & r.26) – conditional stays where sufficient cause shown; security/deposit (30% of decretal sum) required.
* Procedural conduct – relevance of promptness and absence/delay in prosecuting summary proceedings.
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31 October 2025 |
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Applicant failed to show bona fide triable issues; summary judgment entered for respondent for loan sums, interest and costs.
* Civil procedure – summary procedure (Order 36 CPR) – requirement for bona fide triable issue before leave to appear and defend; evidential threshold; sham or afterthought defences.
* Contract and banking – electronic loan applications and loan key facts as evidence of indebtedness; discretionary insurance clauses.
* Data protection – disclosure to legal representatives for recovery of debts may be justified to protect legitimate interests.
* Labour remedies – allegations of constructive dismissal and pension disputes fall within labour jurisdiction, not a defence in summary recovery proceedings.
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30 October 2025 |
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Court exercised Order 17 r.4 discretion to enter default judgment after defendants repeatedly failed to appear and defend.
* Civil Procedure – Order 17 r.4 – Default judgment – Court's discretion to act where defendant repeatedly fails to appear after being served; * Service and opportunity to be heard – Adequacy of notice justifying default judgment; * Costs – Awarded to successful plaintiff on default judgment.
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27 October 2025 |
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Applicant raised bona fide triable issues on an agency notice and disputed quantum; unconditional leave to defend granted.
* Civil procedure – Summary procedure (Order 36 CPR) – leave to appear and defend – requirement of a bona fide triable issue of law or fact; * Agency notice – effect on liability and obligation to notify taxpayer; * Dispute as to liquidated amount – real dispute requiring trial; * Test for leave to defend – applicable authorities (triable issue, good defence, dispute as to amount).
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27 October 2025 |
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Court refused to set aside arbitral award, finding no res judicata breach or evident partiality.
* Arbitration — Setting aside arbitral award — Arbitration and Conciliation Act ss.33, 34, 36 — limited judicial review of merits.
* Public policy — res judicata — Section 7 Civil Procedure Act — former adjudication bars re-litigation where same matter directly and substantially in issue.
* Evident partiality — test for bias — reasonable apprehension of bias; persuasive evidence required.
* Remedy — correction/interpretation of award under s.33; enforcement as court decree under s.36.
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23 October 2025 |
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Delay caused by late and misplaced ECCMIS upload constituted sufficient cause to extend time to file the memorandum of appeal.
Civil procedure – Extension of time – Application under s.98 Civil Procedure Act and Order 51 r.6 – Sufficient cause where court ruling was late and improperly uploaded on ECCMIS – Delay not due to applicant’s dilatory conduct – Appeal to be heard on merit.
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23 October 2025 |
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An emergency arbitral award from a unilaterally appointed arbitrator inconsistent with the arbitration clause is void ab initio.
Arbitration — Setting aside award — Section 34 Arbitration and Conciliation Act — Jurisdiction of court to set aside awards; Arbitration clause — requirement of party agreement on single arbitrator (s.11(2)(b)); Appointing authority / emergency arbitration — unilateral appointment inconsistent with contractual agreement; Jurisdictional defect renders award void ab initio; Procedural fairness — courts to favor substantive justice over technicalities (late submissions).
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23 October 2025 |
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Court validated belated amended defence and counterclaim, refused stay, and ordered reconstitution of the court file.
Civil procedure – Amendment of pleadings – leave to amend – validation of belated pleadings by court’s discretion; Affidavits – severability of falsehoods; Missing court file – reconstitution of record and refusal to stay proceedings; Cross‑examination of affidavit deponent – discretionary and not granted.
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22 October 2025 |
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Service on authorised external counsel validates summons; defence filed after mandatory 15 days without leave is struck out.
Civil procedure – Service of process – Service on respondent’s external counsel authorized to accept process – Time to file defence under Order 8 Rule 1(2) is mandatory – Defence filed out of time without leave is incompetent and struck out.
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21 October 2025 |
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A Notice of Motion is inadequate to resolve serious fraud and forgery allegations; the applicant must file an ordinary suit.
Civil procedure – Notice of Motion vs ordinary suit; affidavit evidence under Order 19; fraud and forgery allegations require oral evidence and cross-examination; rescission and restitution claims; lifting corporate veil requires resolution at trial.
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21 October 2025 |
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Pleading fraud, duress or undue influence can justify Ugandan court retaining jurisdiction despite exclusive English forum clauses.
Civil procedure – competence of affidavits – absence of practising certificate does not automatically invalidate an advocate’s affidavit; Affidavits must be confined to deponent’s knowledge or, where belief is stated, the grounds must be given. Contractual forum-selection clauses – exclusive choice of law and jurisdiction in favour of foreign courts; "strong reasons" test applies where allegations of fraud, economic duress or undue influence are raised; Court entitled to investigate legality of contract before staying proceedings. Waiver and party conduct – performance in domestic jurisdiction does not necessarily amount to waiver of exclusive forum clause without full inquiry.
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21 October 2025 |
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Leave to defend granted where applicants raised triable issues on loan restructuring, interest charges and guarantor liability.
Civil procedure — summary procedure (Order 36) — leave to appear and defend — requirement to show bona fide triable issue; Contract and loan law — distinct facilities in different currencies and tenures; chargeability of interest; lawfulness of restructuring/merger of facilities and effect on guarantor liability; disputes as to account reconciliation and exchange rate application; defences of misrepresentation and force majeure.
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20 October 2025 |
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Loan consolidation and equitable mortgage valid; 120% p.a. rate unconscionable; sale lawful; defendant awarded Shs.50,465,650/= plus interest.
Contract law – non est factum and burden of proof; Forgery allegations require strict proof; Unconscionability – procedural and substantive elements; Money-lending law – effect of legislative change on existing contracts; Equitable mortgage by deposit of sale agreement; Power of sale clause and waiver of judicial foreclosure; Mortgagee’s duties on valuation, notice, advertisement and sale; Guarantors’ joint and several liability; Court’s discretion to adjust excessive contractual interest rates.
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20 October 2025 |
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Court allowed reopening to admit certified appointment evidence after respondent raised an unpleaded issue, costs in the cause.
Civil procedure – Reopening case and recall of witnesses – Order 18 r.13 CPR and Article 28(1) right to fair hearing – Fresh evidence and trial by ambush – Ambit of judicial discretion and prejudice.
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17 October 2025 |
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Applicant's Mareva injunction and attachment application dismissed for lack of intent to frustrate execution and no damages undertaking.
Commercial litigation — Mareva injunction/attachment before judgment — requirements: good arguable case; evidence of intent to dissipate assets to frustrate execution; mandatory undertaking as to damages; proportionality and protection of third‑party mortgagee rights.
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15 October 2025 |
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Applicant granted unconditional leave to appear where disputed execution and alleged forgery of commission agreement raise triable issues.
* Civil procedure – Summary procedure (Order 36) – leave to appear and defend – requirement to show bona fide triable issue; * Contract – existence and execution of commission agreement – dispute on authenticity/forgery; * Defence and counterclaim alleging fraud constitute triable issues precluding summary judgment; * Remedy – unconditional leave to appear, file defence, costs in the cause.
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15 October 2025 |
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Applicant failed to show good cause; appeals from Insurance Appeals Tribunal are limited to questions of law and must be timely.
* Insurance law – Appeals from Insurance Appeals Tribunal – Regulation 27(3) – appeals to High Court limited to questions of law only.
* Civil procedure – Time limits – 30‑day statutory period to file notice of appeal and effect of ECCMIS filing dates.
* Civil procedure – Enlargement of time/validation – Order 51 discretion requires good cause; applicant failed to show good cause.
* Evidence – Affidavits – objection for being argumentative/prolix; court may disregard offending parts rather than strike out entire affidavit.
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15 October 2025 |
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A defendant served under summary procedure raised triable issues on award enforceability and alleged fraud, warranting unconditional leave to defend.
Commercial law – summary procedure (Order 36) – leave to appear and defend – triable issues of law and fact about conditional award, unfulfilled performance security, alleged forged powers of attorney and fraud – competency of affidavit deponent – claim for general damages not liquidated.
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14 October 2025 |
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A dismissal for non‑service was set aside where it was made before the 21‑day service period had expired.
Civil procedure – Review of judgment – Error apparent on the face of the record – Dismissal for non‑service under Order 5 Rule 1(3) made before 21‑day service period expired – Section 82 & Order 46 CPR – Inherent powers under section 98 CPA – Reinstatement of application.
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13 October 2025 |
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Substituted service that omitted the plaint and omitted the hearing notice rendered the ex parte judgment and execution ineffective.
Civil procedure — substituted service — summons must be accompanied by plaint and related documents (Order 5 r.2) — advertising summons alone ineffective — failure to serve hearing notice — setting aside ex parte judgment and execution under Order 9 r.27 and s.98.
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13 October 2025 |
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Court dismissed injunctions restraining payment on an on‑demand advance payment guarantee, finding no special circumstances or irreparable harm.
* Arbitration — interim measures — court may grant temporary relief to preserve status quo pending arbitration
* Bank guarantees — unconditional/on‑demand advance payment guarantee — autonomy subject to exceptions (fraud, unconscionability, special circumstances)
* Interim injunctions — requirements: serious question to be tried, irreparable harm, balance of convenience
* Public interest — reluctance to grant injunctions that obstruct government infrastructure works
* Procedural — affidavit in rejoinder not mandatory; courts to avoid technicalities and administer substantive justice
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10 October 2025 |
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Defendants established bona fide triable issues, so unconditional leave to defend a summary debt suit was granted.
* Civil procedure – Order 36 summary procedure – leave to appear and defend – defendant need only show a bona fide triable issue of fact or law. * Evidence – bank statement as raising triable issue on payment and indebtedness. * Summary judgment inappropriate where material facts in dispute. * Remedy – grant unconditional leave; timetable for pleadings; costs in the cause.
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10 October 2025 |
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Court validated respondent’s defence filed after timely deposit; capacity and limitation issues unresolved for trial.
Civil procedure – capacity to sue (mental illness) – limitation of actions (six-year rule) – computation of time (exclude 24 Dec–15 Jan) – conditional leave to appear and defend – validation of out-of-time pleadings under Civil Procedure Act ss.96,98 and Order 51 rule 6.
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10 October 2025 |
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Applicant's late, unregularized application was incompetent; default judgment entered and interest reduced to 20% per annum.
Default judgment – leave to appear and defend – late filing and delayed payment of fees – incompetence – Order 36 Rule 3(2) CPR; Service – effective service on counsel; Extension of time – absence of application for leave or extension; Interest – reduction of contractual 30% to 20% per annum under Section 26 CPA; Costs – awarded to successful party.
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10 October 2025 |
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Applicant failed to show a bona fide triable issue to justify leave to defend a summary suit for unpaid land purchase balance.
* Civil procedure – Order 36 (leave to appear and defend) – requirement to show a bona fide triable issue of fact or law.
* Contract – express terms – alleged specification of land (water‑logged vs dry) must be contained in the contract to ground a breach.
* Evidence – burden of proof rests on party alleging existence of specific contractual terms; WhatsApp messages insufficient to establish such terms absent corroboration.
* Summary suit procedure – denial of leave where no bona fide defence appears.
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8 October 2025 |
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Unconditional leave to defend granted where triable issues arise about alleged loan insurance, breach and indebtedness.
* Civil procedure – summary procedure (Order 36) – leave to appear and defend – requirement to show bona fide triable issue of fact or law.
* Contract/Banking – loan insurance – whether bank procured insurance despite charging insurance fee and resulting breach.
* Debt recovery – effect of writing off a loan – accounting write-off does not automatically discharge borrower’s liability.
* Procedural – grant of unconditional leave and directions for filing pleadings.
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7 October 2025 |
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Applicant showed a prima facie claim but failed to prove speedy decay or give an undertaking; attachment refused.
* Civil Procedure – Attachment before judgment – Order 41 rule 6 and Section 98 – Applicant must show a strong arguable case; * Duty of full and frank disclosure in Mareva-type applications; * Requirement to show property is subject to speedy and natural decay before immediate sale; * Necessity of undertaking to pay respondent's damages where attachment is granted; * Exceptional nature of pre-judgment sale and proportionality in granting such orders.
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5 October 2025 |
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Injunction set aside where property had been sold and registered; remedy for irregular sale is generally damages, not retention of possession.
Civil procedure – interlocutory injunctions – prerequisites: prima facie case, irreparable harm, balance of convenience; Mortgage law – mortgage sale and protection of bona fide purchasers; Affidavit competence – authority to depose and severability of falsehoods; Pleadings – amendments and adding parties before issuance of summons.
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4 October 2025 |
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A publisher infringed an author's copyright and moral rights by altering and selling stories without valid licence.
* Copyright — literary works — originality and protection under Copyright and Neighbouring Rights Act (ss.3,4,8). * Infringement — unauthorised adaptation, reproduction and distribution; sale to third party (s.45). * Moral rights — right to claim authorship and to be acknowledged (s.9). * Licence/assignment — requirement for written assignment for economic rights; oral/inferred licence contested (s.13). * Remedies — account of profits/royalties, injunction, general and exemplary damages, interest and costs; delivery-up inappropriate where copies sold.
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2 October 2025 |
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A 92-year-old applicant was granted immediate access to UGX20,000,000 from a frozen account; the suit was referred to mediation.
Banking law – frozen accounts – interim release of funds for urgent medical and basic needs; alteration of account mandate; protective freezing by bank; referral to mediation; interim injunctions and disclosure deferred to mediation.
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2 October 2025 |
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Oral friendly loan proved by bank records; defendant ordered to repay principal with damages, interest and costs; counterclaim dismissed.
* Contracts – Oral contracts and writing requirement – Section 9(5) (formerly 10(5)) of Contracts Act – partial performance and evidential effect of non-reduction into writing.
* Evidence – Bank statements and contemporaneous conduct as proof of contract terms and characterization of payments.
* Loan law – Friendly loan characterized by mutual trust; enforceability of informal loan agreements between professionals.
* Remedies – repayment of principal, general damages, interest (discretionary rates), and costs; counterclaim dismissal where claimant fails to prove agreement.
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2 October 2025 |
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Applicant failed to show a bona fide triable issue under Order 36; summary suit decree and costs awarded to the respondent.
Order 36 summary procedure – leave to appear and defend – defendant must show bona fide triable issue – burden of proof on party alleging payment – failure to produce evidence – application dismissed; decree entered.
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2 October 2025 |
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Delay excused where electronic system gave no notice of judgment; extension of time to appeal granted.
Extension of time – sufficient cause depends on facts of each case – burden of proof on applicant; Electronic Court Case Management Information System (ECCMIS) – absence of system-generated judgment notice may excuse delay and constitute sufficient cause for extension.
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1 October 2025 |
| September 2025 |
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Institutional delay in obtaining state representation justified extension of time and validation of a late joint defence.
* Civil Procedure — Extension of time (s.96, Order 51 r.6) — "sufficient cause" where delay due to institutional/state representation; * Validation of pleadings (s.98) — late joint written statement of defence by Attorney General validated; * Affidavits — competence of state officer's affidavit and allowance of late rejoinder in interest of substantive justice; * Striking out duplicative individual defences; * Costs in the cause.
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30 September 2025 |
