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Citation
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Judgment date
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| December 2002 |
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Possession at attachment gives locus standi for release; ownership disputes must be litigated separately.
* Civil procedure – Objector proceedings (Order 19 rr.55–58 CPR) – Possession at time of attachment confers locus standi to seek release from attachment. * Civil procedure – Ownership disputes and alleged fraudulent transfers – triable in separate suit under Order 19 r.60, not in objector proceedings. * Evidence – Uncontradicted possession evidence entitles objector to relief even if title disputes exist.
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18 December 2002 |
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Interim injunction refused where both parties showed prima facie cases and balance of convenience favored respondents.
Interlocutory injunctions – requirements: prima facie case and probability of success; irreparable harm not adequately shown where asset value ascertainable; balance of convenience and preservation of status quo; economic consequences and employment considerations in injunctive relief.
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6 December 2002 |
| October 2002 |
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The plaintiff’s liquidated claim may be severed to proceed summarily while unliquidated interest proceeds under ordinary procedure.
* Civil procedure – Summary procedure under Order 33 CPR – whether mixed claims (liquidated and unliquidated) may proceed summarily or must be struck out – severability of claims.
* Civil procedure – Leave to defend – effect of grant of leave on summary suit (conversion into ordinary suit).
* Civil procedure – Waiver – whether a party can waive a question of law by failing to object when seeking leave to defend.
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11 October 2002 |
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Debtor’s petition met statutory requirements; receiving order granted but stay of proceedings refused for lack of particulars.
* Bankruptcy — Receiving order — Debtor’s petition — Proof of indebtedness and act of bankruptcy required (ss.3(1)(f),5,8,16).
* Bankruptcy Rules — U.K. Bankruptcy Rules declared in force and adaptable to local circumstances (s.164) — deposit in Uganda shillings acceptable.
* Procedure — petitioner must provide particulars/reasons for court to exercise discretion to stay proceedings (s.11).
* Relief — receiving order granted; Official Receiver appointed; general stay refused; costs in the cause.
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11 October 2002 |
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Liquidated claims in a mixed summary suit may proceed summarily while unliquidated claims must follow ordinary procedure.
Civil procedure – Summary procedure (O.33 CPR) – Mixed claims comprising liquidated and unliquidated amounts – Severability of claims; party cannot waive question of law concerning appropriate procedure; leave to defend converts summary suit into ordinary suit.
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10 October 2002 |
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A debtor’s petition establishes an act of bankruptcy and justifies a receiving order, but a stay of proceedings requires particulars.
Bankruptcy — Debtor’s petition — presentation constitutes an act of bankruptcy (s3(1)(f)) — receiving order mandatory where s8 and s16 conditions met; U.K. Bankruptcy Rules applicable and adaptable to local circumstances (s164); proof of indebtedness by decretal judgments and Statement of Affairs; court’s discretion to stay proceedings under s11 requires particulars and reasons.
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10 October 2002 |
| September 2002 |
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Application to release allegedly attached property dismissed because no subsisting attachment and claimant failed to prove loss.
Civil procedure – Attachment and sale – Whether property was under attachment – Order 19 rr 56–57 (release of property from attachment) – Evidence by affidavit and credibility – Auctioneer’s mandate and potential separate tortious liability (conversion).
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30 September 2002 |
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Court set aside parts of an arbitral award for arbitrator's partiality and failure to award general damages, stayed enforcement pending security.
Arbitration — Setting aside award for evident partiality; Treatment of contractual 'extraordinary circumstances' versus force majeure; Duty of arbitrator to evaluate damages; Section 35 remedy; Stay of enforcement pending security deposit.
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25 September 2002 |
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Buyer entitled to reject unfit goods and recover deposit, damages and costs; supplier's counterclaim dismissed.
* Sale of goods – fitness for purpose – right to reject unfit goods – buyer entitled to refund of deposit
* Evidence – credibility of quality-control and UNBS analysis – supplier's counterclaim dismissed for lack of evidence
* Remedies – refund, interest, costs of analysis, general damages and costs of suit
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24 September 2002 |
| July 2002 |
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Objector proceedings focus on possession, and a long-standing bona fide occupant can obtain release from attachment and set-aside of eviction.
* Civil procedure – Objector proceedings (Order 19 rr.55,56 and related rules; s.101 Civil Procedure Act) – focus on possession not title – relief available to bona fide occupant against attachment and eviction arising from execution.
* Possession – length of occupation and substantial improvements as evidence of bona fide occupation.
* Execution law – attachment and eviction may be set aside where third-party possession is proved.
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17 July 2002 |
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An appellate court will not disturb a Taxmaster's taxation based on property valuation absent manifest error or contrary valuation.
Taxation of costs – standard of review – appellate interference only for manifest error; Instruction fees – basis may be property value where property is central to suit; Application of Sixth Schedule to the Advocates (Remuneration and Taxation Costs) Rules; Evidential burden on challenger to provide alternative valuation; Credibility of affidavit denials when contradicted by other averments.
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16 July 2002 |
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Claim for restitution of withheld taxes succeeds; plaint not defective for failure to plead fraud; defendant failed to prove remittance.
Civil procedure – pleading requirements – fraud must be particularised if relied upon; restitution/quasi‑contract – recovery of moneys had and received; burden to prove remittance of withheld tax; assessment of damages and interest.
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10 July 2002 |
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Share transfer invalid for lack of corporate formalities; 2nd defendant liable for mortgage default, with shareholders bearing pro rata loss.
Company law – validity of share transfer – necessity of corporate seal and company resolutions – compliance with Articles of Association; Contract law – distinction between invalid share sale and independent obligations under Power of Attorney and mortgage; Tort/contractual liability – failure of agent/company to repay loan leading to sale of mortgaged property; Apportionment – shareholders’ pro rata liability under Memorandum of Agreement.
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9 July 2002 |
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Share transfer declared invalid for lack of corporate authorisation; company liable for mortgage default causing sale, awarded damages and costs.
Company law – share transfer – requirement of corporate seal and company resolutions; Articles of Association compliance – transfer formalities; Agency/Power of Attorney – duty to repay loan and redeem mortgaged property; Mortgage – lender sale following borrower default; Civil procedure – judgment for failure to file defence.
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8 July 2002 |
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Applicant’s money-lender claim dismissed as time-barred under s.20; s.7 memorandum satisfied so security remained enforceable.
* Money Lenders Act (Cap 264) – limitation – section 20: recovery proceedings must be commenced within 12 months from cause of action. * Money Lenders Act – memorandum requirement – section 7: loan application letter and form can satisfy note/memorandum requirement. * Validity of agreement – documents drawn by unlicensed practitioner may be nullities but annexures may still render contract enforceable. * Security – enforceability contingent on existence of required memorandum.
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3 July 2002 |
| June 2002 |
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Minority shareholders may bring derivative suits without prior leave when controllers (including receivers) prevent the company suing.
* Company law – derivative actions – exceptions to Foss v Harbottle – minority shareholders may sue where controllers (including receivers) prevent company from suing.
* Civil procedure – party joinder – misjoinder not fatal; company is the substantive plaintiff though minority shareholders may be nominal plaintiffs.
* Receivership – receiver’s control does not bar derivative action if receiver is alleged to be a wrongdoer.
* Pleading – "fraud" in derivative actions means wrongdoing; strict criminal particularity not required.
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30 June 2002 |
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Preliminary objections based on disputed facts are premature and must await substantive hearing and evidence.
Civil procedure — Preliminary objection — limited to pure points of law; cannot be used where facts must be ascertained (Mukisa Biscuit).; Property law — Deposit of title deed by one joint proprietor — whether it creates an equitable mortgage or banker’s lien absent co‑proprietor consent — factual issue for substantive hearing.; Evidence — disputed factual questions require proof at trial, not resolution on preliminary objection.
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26 June 2002 |
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Turquand/ostensible authority applied: internal execution defects did not avoid corporate contracts; leave to defend denied.
Civil procedure – leave to defend (O.33 r.4) and summary decree (O.33 r.3); Company law – execution of deeds and internal formalities (Article 112); Turquand rule/ostensible authority — third parties entitled to rely on apparent corporate authority; Evidence – indicia of contracting with company (single customer number, commercial form, single account).
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19 June 2002 |
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Guarantors may be sued jointly; possession to facilitate sale was under s.9, and registrar to inquire into mesne profits.
Mortgage law – mortgagee’s remedies – possession to facilitate sale under clause 3B of mortgage deed and s.9 Mortgage Decree (sale) versus s.6 (realisation by foreclosure/possession); Guaranty – demand guaranty permits suit against guarantors jointly and severally without prior demand on principal; Mortgagee in possession must account for rents and profits – inquiry ordered to determine mesne profits.
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18 June 2002 |
| May 2002 |
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A non‑party minority shareholder lacks standing to set aside a consensual company sale absent personal injury or participation.
* Company law – minority shareholder remedies – standing to challenge consensual compromise – non-party cannot claim injury absent participation or concrete prejudice
* Civil procedure – consent orders – effect on pending proceedings – preservation of proceeds in special account pending final determination
* Property/mortgage law – characterization of sale – sale authorized by company and shareholders, not an exercise of mortgagee powers by Bank of Uganda
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29 May 2002 |
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Court awards damages for breach of a contract for meal services terminated without notice.
Contract law - breach of contract - summary termination without notice - meal service contract obligations
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26 May 2002 |
| February 2002 |
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Old arbitration law governs the dispute; award upheld except remitted to quantify refund amounts and allow set-off.
* Arbitration law – applicability of repealed statute – repeal does not affect arbitral proceedings commenced before new Act comes into force; * Arbitration – remittance of award – remit where award omits or fails to particularize consequential monetary determinations; * Contracts/Illegality – refunds and unjust enrichment – money paid under illegal agreement may be recoverable where parties are not in pari delicto and unjust enrichment arises; * Arbitrators’ jurisdiction – arbitrator may decide consequential matters necessary for finality without acting ultra vires.
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18 February 2002 |
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Residence in an East African Community Partner State is not alone a basis to order security for costs.
Security for costs – Order 23 CPR – discretion of the court – residence within East African Community not prima facie ground for security – regional integration, reciprocal enforcement and harmonisation relevant – oppression and likelihood of success considered.
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5 February 2002 |
| January 2002 |
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Court accepted plaintiff's price and credibility, awarding outstanding balance, general damages, interest and costs.
Contract – Sale of motor vehicle and motorcycles – Oral agreement as to price – Credibility of witnesses – Quantification of payments and outstanding balance – Award of general damages, interest and costs.
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29 January 2002 |
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Loan of US$25,000 to a company was proven; company liable, directors not personally liable; damages and interest awarded.
Contract/Commercial loan — proof of loan by documentary and oral evidence; Dishonoured post‑dated cheque; Corporate personality — company liable for its debts; Directors not personally liable absent veil‑piercing.
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28 January 2002 |
