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Citation
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Judgment date
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| December 2004 |
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The objector’s plot was not subject to attachment; eviction warrant related to a different plot.
Civil procedure — Order 19( rules 55, 57) objector proceedings — scope limited to possession at date of attachment and whether objector held property on own account; Attachment and execution — whether a specific plot is liable to attachment; Evidence — impartial surveyor versus unilateral survey; Encroachment and title disputes to be resolved in separate suit; Interim stay of execution — when to vacate.
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31 December 2004 |
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Commercial‑sense interpretation of a contract held the respondent liable to pay the Shs.3.5m billboard printing cost.
Contract interpretation — Commercial contracts — purposive construction and business common sense to give effect to parties' intention — interpretation contra proferentem considered but rejected — party bearing printing cost of billboard determined — costs follow the event.
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17 December 2004 |
| November 2004 |
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Defendant liable for unpaid vehicle hire and towing after abandoning hired vehicle; plaintiff awarded damages, interest and costs.
Contract hire – vehicle hire agreement – breach for non-payment and abandonment – proof of payment by agent and disputed acknowledgment memorandum – credibility of witnesses – award of unpaid hire, towing costs, interest and costs.
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30 November 2004 |
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A sole proprietor supplier proved indebtedness and obtained Shs.12m, general damages, interest and costs after an ex parte hearing.
Commercial law – debt recovery from a bakery supplier – proof of special damages by invoices and testimony – locus of sole proprietor to sue – validity of written undertaking – ex parte trial for unjustified absence – damages, interest and costs awarded.
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22 November 2004 |
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A receiving order cannot be granted where the debtor has not filed the statutory statement of affairs with the official receiver.
Bankruptcy — statutory requirements for presentation of debtor’s petition — necessity of filing a verified statement of affairs with the Official Receiver under section 15 — non-compliance defeats receiving order under section 7.
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16 November 2004 |
| October 2004 |
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The 1998 dealership agreement replaced the earlier one; both parties breached contract; applicant awarded general damages, respondent recovered loan.
Dealership agreements – contract replacement by later executed standard form; defective fuel tanks – contractual liability for losses; occupier’s liability excluded where contract governs duties; lawful termination for failure to meet sales targets; mortgage security distinct from dealership contract.
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21 October 2004 |
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Failure to file the prescribed affidavit or otherwise comply with a bankruptcy notice constitutes an act of bankruptcy.
Bankruptcy notice — compliance with s.3 of the Bankruptcy Act and Rule 140(2) — requirement to file affidavit (Form No.9) showing counterclaim, set-off or cross demand against the creditor — claims against third parties do not qualify — non-compliance constitutes act of bankruptcy under s.2(1)(g).
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11 October 2004 |
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Court granted applicant an extension to seek leave to defend a summary suit, overruling procedural objection and ordering costs.
Civil procedure — Extension of time to file leave to appear and defend in summary suit — Order 47 r 6 and inherent jurisdiction; procedural irregularity under s.33 Judicature Act/s.98 Civil Procedure not fatal; allegation of fraud and settlement negotiations relevant to exercise of discretion; delay not excessive; costs ordered.
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4 October 2004 |
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A sale conducted in breach of a court order preserving the status quo is void ab initio and objector proceedings must continue.
Civil Procedure – Order 19 rr.55 & 57 – Objector proceedings – Attachment and judicial sale – Provisional sale by bailiff – Status quo order preventing sale – Sale in breach of court order void ab initio – Abuse of court process – Costs awarded.
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4 October 2004 |
| September 2004 |
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Court granted leave for judicial review of municipal transport fees, conditioning leave on deposit and staying enforcement pending hearing.
Administrative law – Judicial review – Leave to apply for certiorari, prohibition and declaration – Locus standi and promptness – Local government fees – Interim relief conditioned on deposit to protect public interest.
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10 September 2004 |
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Leave for judicial review of municipal transport fees granted conditionally on deposit to protect equity and public interest.
Judicial review — leave to apply for prerogative orders — standing and timeliness (three-month rule); local government fees — legality and public interest; conditional leave — deposit to prevent inequitable single-party relief; variation of interim injunction to stay pending hearing.
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9 September 2004 |
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The applicant's carrier breached the carriage contract by delivering two empty containers; damages, interest and costs awarded.
* Carriage of goods – Carrier’s contractual duty to deliver containers safely – Liability where containers arrive empty; discrepancies in seals as evidence of interference.
* Bill of Lading – evidence and admitted facts – carrier’s responsibility despite delivery to consignee’s agents.
* Damages – proof and particularity of special damages; award of general damages, interest and costs.
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9 September 2004 |
| August 2004 |
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Defective Power of Attorney cannot establish authority to sell soil; apparent authority and partial, improper refill gave rise to limited damages.
* Evidence Act – authenticity of Power of Attorney – requirement of notarial authentication to invoke presumption under s.84. * Agency – apparent authority/holding out – third party reliance on agent’s representation. * Tort/property – unlawful excavation of soil (murram) and partial/inadequate remediation. * Assessment of damages – admissibility and weight of valuation evidence lacking specialist (soil/mineral) input.
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31 August 2004 |
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Whether contractual HRMM clauses permitting interdiction and termination without reasons rendered the dismissal lawful and determined terminal pay entitlement.
Employment law – wrongful dismissal – contract governed by HRMM – suspension under clause 13.1(f)(i) lawful; termination under clause 14.2(a) lawful even if reasons not given; entitlement to three months' salary in lieu under clause 14.2(b).
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30 August 2004 |
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Plaintiff failed to prove the bank sold the generator or acted negligently/fraudulently; claim dismissed with costs.
Banking law – disputed withdrawals and sale of customer’s property – authenticity and effect of customer‑tendered documents – agency and third‑party sale – negligence and fraud allegations against bank – balance of probabilities standard.
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23 August 2004 |
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Pleading must identify the correct corporate party; suing a managing director individually when contract is with the company discloses no cause of action.
Civil procedure – Plaints – Cause of action – Suit brought against an individual managing director where annexed contract is with the company – Defective parties – O.7 r.1(c) Civil Procedure Rules; Amendment of parties – O.11 r.13; Corporate personality – company sues and is sued in its corporate name (Salomon).
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23 August 2004 |
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Plaintiff proved entitlement to the agreed Shs.5,000,000 commission; company liable, director not personally liable.
* Company law – separate legal personality – director not personally liable for acts done in company name; director’s name struck out as wrong party. * Contract/brokerage – entitlement to commission – proof on balance of probabilities that plaintiff located property and was entitled to retained brokers’ fee. * Evidence – credibility findings where plaintiff’s evidence preferred to defendants’; falsified cheque disbelieved. * Remedies – award of agreed commission, interest and costs.
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23 August 2004 |
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Fundamental breaches by the defendant discharged the plaintiff from mortgage and guarantee obligations; title return, damages and costs awarded.
Mortgage and guarantee — breach by bank through account manipulation and dealing with different borrower entities; interpretation of guarantee imposing cap of UGX 40,000,000 on guarantor’s liability; fundamental breach discharging guarantor; remedies: declaration, discharge, return of title, damages and costs; potential criminality by bank.
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15 August 2004 |
| July 2004 |
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Public-spirited citizens may sue under Article 17, but injunction refused; court accepted bank's US$5.7m undertaking instead.
Constitutional duty to protect public property (Art.17) — locus standi in public interest litigation; interim injunctions — prima facie case/serious question to be tried, irreparable harm, balance of convenience; evidentiary burden over disputed contractual annexures; use of on-demand undertaking/bond as alternative to interlocutory injunction.
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22 July 2004 |
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Winding up commencement does not bar appointing a receiver, but post-commencement possession without court leave is void.
Companies Act – winding up – commencement of winding up proceedings and effect on third-party appointments; debenture holders – appointment of private receivers after commencement – crystallisation, possession and need for court leave; sections 227, 228, 238 and 351; provisional liquidation – appointment of Official Receiver; remedies to protect creditors’ interests.
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13 July 2004 |
| June 2004 |
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Court deferred ruling on preliminary objection challenging joinder of a director, reserving decision until final judgment.
Civil procedure – preliminary objection – Order 6 rr 27–28 – judicial discretion to hear or defer points of law – joinder of director – piercing corporate veil – material prejudice – deferral until final judgment.
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27 June 2004 |
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Contractor entitled to refund of VAT paid where contract price included VAT; late unpleaded directives inadmissible.
Contract law – VAT-inclusive contract price – entitlement to refund of VAT paid to tax authority; VAT Act (s.5(a), s.11, s.29, s.31) – taxable supply and invoicing obligations; Evidence and procedure – parties bound by pleadings; inadmissibility of late/unpleaded documents; Remedy – contractual interest clause and award of general damages and costs.
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26 June 2004 |
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The applicant proved a loan evidenced by an acknowledgement and dishonoured post‑dated cheque; judgment awarded principal, interest, damages and costs.
Commercial law – loan transaction – proof of special damages by oral evidence and acknowledgement – dishonoured post‑dated cheque – director’s liability where loan obtained on behalf of company – foreseeability limits on general damages – award of interest and costs.
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13 June 2004 |
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Documentary inconsistencies ordinarily prevail over oral testimony, but absent contrary proof the plaintiff recovered the unpaid loan balance.
Contract and evidence – conflict between documentary evidence and oral testimony – best evidence rule; sale agreement predating debt acknowledgment; entitlement to unpaid balance where no contrary evidence adduced; waiver and absence of material defeating claim for general damages; costs to successful party, personal costs against counsel not ordered without opportunity to be heard.
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1 June 2004 |
| May 2004 |
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No hire contract proved; vehicle retained as security for unpaid debt and the plaintiff's claim dismissed with costs.
Contract of hire — existence of oral agreement; impounding/possession of vehicle as security for debt; credibility of witnesses; reliance on documentary evidence to rebut oral claim; remedy—dismissal and costs.
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30 May 2004 |
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Court issued case‑management directions in a creditors’ winding‑up petition, ordered disclosure and reminded parties of statutory moratoria.
Company law – Winding‑up petition – Case management directions and timetable for affidavits and disclosure; interlocutory application for security for costs; effect of commencement of winding up under Companies Act (ss. 227, 228, 229(2)) prohibiting dispositions and enforcement without leave; management of professional conflicts in proceedings.
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25 May 2004 |
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Court held appeal to Minister under s.11(4) optional and overruled preliminary objection, allowing judicial review to proceed.
Administrative law — Judicial review — alternative statutory remedies; Trade Licensing Act s.11(4) — appeal to Minister optional; access to superior courts preserved; agency acting for local authority — proper party to be sued; preliminary objection on prematurity overruled.
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24 May 2004 |
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21 May 2004 |
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The respondent unlawfully interfered with the applicant's school licence, entitling the applicant to damages, interest, and costs.
Tort — unlawful interference with business/licence; Education Act — provisional licence and registration process; Remedies — general and exemplary damages, injunction; Refusal to order account of profits where parties lack reliable accounting records.
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19 May 2004 |
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Leave to appeal and stay granted conditionally; applicant must deposit a specified bank draft as security within 48 hours.
Civil procedure – informal application for leave to appeal – stay of execution – test for leave to appeal (prima facie grounds merit serious consideration) – requirement for security (bank draft) to obtain stay.
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17 May 2004 |
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Applicants failed to establish legal or factual basis for an interlocutory injunction restraining respondent from buying tobacco; dismissed with costs.
Civil procedure – interlocutory injunction – applicants sought restraint on respondent buying tobacco – Section 33 Judicature Act not a basis for interlocutory relief – Section 64 CPA inapplicable unless so prescribed – Section 98 (inherent jurisdiction) not engaged absent ends-of-justice or abuse of process – requirement to show risk of substantial/irreparable loss – relief would improperly affect third-party contracted farmers.
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4 May 2004 |
| April 2004 |
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Court confirmed a capital-reduction special resolution, dispensed with creditor objections under s.69(3), and ordered registration and publication.
Companies Act (Cap 110) – Reduction of share capital – Validity of special resolution under s.68; Creditor objections – dispensing under s.69(3) where special circumstances exist; Registration and publication requirements under ss.71(1)–(2); Requirement to add "and reduced" under s.70(2).
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2 April 2004 |
| March 2004 |
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Applicants induced to pay UShs.5,000,000 by false tender representation — restitution, interest, travel costs and suit costs awarded.
Contract and tort — breach of contract; fraudulent misrepresentation/deceit — elements: false representation, knowledge of falsity, intention to induce, reliance, and damage; damages — restitution of payments proven; refusal to award speculative future profits; interest and costs awarded.
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23 March 2004 |
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Overdrafts are repayable on demand; no specific performance or loss for undisbursed loan, but fees on undisbursed portion refunded.
Banking law – overdraft repayable on demand – no remedy for premature retirement; Equity – no specific performance to compel lending; Unjust enrichment/quasi-contract – restitution of fees charged on undisbursed loan portion; Interest and costs allocation.
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23 March 2004 |
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A post-loss payment or Third Party certificate cannot retrospectively create comprehensive insurance for a prior accident.
* Insurance law – motor insurance – distinction between comprehensive and Third Party cover; renewal creates a new contract and cannot cover past events.
* Insurance law – post-loss payment – payment or receipt after risk materialised does not retrospectively create cover.
* Civil procedure – claim dismissed where no policy in force at time of loss.
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14 March 2004 |
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A power to borrow "a sum of money" does not authorise mortgaging land to secure goods supplied on credit.
Power of Attorney — Construction — Specific powers to borrow "a sum of money" — Strict construction of powers of attorney — "Money" in its plain meaning does not include goods supplied on credit — Mortgage granted in excess of authority.
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4 March 2004 |
| February 2004 |
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The plaintiff may recover despite the respondent’s failure to tender where respondent’s officials ratified the contract by conduct and payment.
Local government procurement – Tender Board requirement – effect of failure to tender – voidable v void contracts – ratification by conduct and payment – estoppel and unjust enrichment against public authorities.
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29 February 2004 |
