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Citation
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Judgment date
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| December 2006 |
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Objector succeeded: property was in applicant’s possession, sale in execution procedurally defective and set aside.
Civil procedure – Order 22 (objector proceedings) – investigation of possession and interest; immovable property – effect of sale in execution; procedural requirements for sale (advertisement/30 days/fresh warrant); certificate of title prima facie but rebuttable; setting aside sale for procedural irregularity.
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21 December 2006 |
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Court authorised increase to contingency fund expenditure to correct omissions and reflect revised quotations.
Companies Contingency Fund — review of prior court authorisation to increase expenditure due to clerical errors and revised supplier quotations; Official Receiver permitted to expend corrected amount.
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17 December 2006 |
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Amendment permitted to correct misnomer where documents showed plaintiff contracted with the respondent without "Limited".
Company/pleadings – misnomer – amendment to correct erroneous addition of "Limited" to defendant’s name. Civil procedure – Order 6 r.29 – objection to amendment where similarly named foreign and local entities exist. Amendment principles – late amendment allowed where drafting error and no element of surprise (citing JB Kohli and Edward Seninde).
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5 December 2006 |
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Pre‑incorporation agreements do not bind the company; 15 August 2002 meeting invalid, court directs Registrar under s.135 to rectify records.
Companies Act – validity of general meeting – notice and quorum requirements – effect of absent register of members and missing company file – pre‑incorporation agreements not binding on incorporated company – court powers under s.135 to direct Registrar to convene meeting and rectify records.
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3 December 2006 |
| November 2006 |
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The applicant may sue personally for withheld sale proceeds where majority controllers wrongfully expropriate funds and the company cannot sue.
Company law — Derivative actions — Foss v Harbottle rule and exceptions — fraud on the minority/expropriation of company funds — control by wrongdoers — joinder of the company — minority shareholder right to sue for personal share of sale proceeds.
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30 November 2006 |
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A money‑lender’s recovery suit filed after the 12‑month statutory limitation was time‑barred despite alleged equitable mortgage security.
Money Lenders Act — limitation: section 19(1) twelve‑month bar; security over land — equitable mortgage v pledge; requirement of statutory registration (Mortgage Act/Land Act/Registration of Titles) for exemption under section 21(1)(c); guarantor liability; courts cannot revive time‑barred claims by invoking inherent or constitutional powers.
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27 November 2006 |
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Trademark 'YES' deregistered for continuous non-use and lack of bona fide intention to use in Uganda.
Trade marks – De-registration for non-use – Section 28 Trademarks Act – continuous five-year non-use and lack of bona fide intention to use. Burden of proof – proprietor must demonstrate bona fide use in jurisdiction. Applicant as 'aggrieved person' entitled to apply for removal. Renewal challenge unnecessary where de-registration for non-use is ordered.
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15 November 2006 |
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Court authorized the Official Receiver to expend Shs139,100,000 from the Companies Contingency Fund subject to procurement and use conditions.
Companies Act s.347(3) – Official Receiver – Companies Contingency Fund – Court authorization to expend fund for operational needs; requirement that fund comprise interest from fixed deposits; conditions imposed including adherence to Government procurement procedures and exclusive use for official duties.
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9 November 2006 |
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Court granted mandamus compelling Treasury to pay decretal sums and held limitation runs from evident non‑compliance, not decree extraction.
Mandamus – enforcement of decree against Government – Government Proceedings Act s.19 (certificate of order) – Judicial Review Rules S.I.75/2003 Rule 5(1) – limitation period begins when creditor is satisfied officer will not comply – order compelling Treasury/Commissioner to pay decretal sums, interest and costs.
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1 November 2006 |
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A local council's monthly 'boda‑boda' levy was unlawful because it lacked parliamentary or ordinance authorisation.
Constitutional law – taxation – Articles 152 and 191 – local government revenue – requirement that taxes be authorised by Act of Parliament – Local Government Revenue Regulations (annual bicycle licence) – distinction between annual bicycle licence and monthly motorcycle ('boda‑boda') levy – absence of council ordinance – illegality of tax and contract.
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1 November 2006 |
| October 2006 |
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Whether a district government must pay outstanding certified contract sums, including VAT, and damages for delayed payment.
Contract law – Public works – Certified payments and VAT component – Liability of district local government despite ADB funding arrangements – Damages for delayed payment – Interest and costs.
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31 October 2006 |
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A local council may not impose a monthly boda-boda tax absent statutory authorisation or a valid council ordinance.
Constitutional taxation limits – Articles 152 and 191 – Local Government Act heads of revenue – Local Government Revenue Regulations (annual bicycle licence) – requirement for parliamentary authority and, where applicable, local ordinance – legal certainty in taxation – illegality of unauthorised monthly "boda-boda" tax.
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31 October 2006 |
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A district receiving ADB funds is liable to pay certified contract sums and VAT, with damages, interest and costs awarded.
Contract law – contractor’s entitlement to payment where final certificates issued; unpaid VAT forms part of district’s liability. Public finance – ADB disbursement to district account makes district responsible for paying certified sums. Remedies – assessment of general damages, mitigation, discretion to award interest and costs; interest awarded as compensation for deprivation of business funds.
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30 October 2006 |
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The applicant proved unpaid credit invoices by handwriting evidence; court awarded Shs.12,000,000 plus 20% interest and costs.
Commercial contract – supply of goods on credit – existence and breach of contract; Burden and standard of proof in civil claims; Handwriting expert evidence – weight and admissibility; Evidentiary value of invoices and written undertakings; Remedies – special damages, discretionary interest and costs.
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25 October 2006 |
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Local government breached a management contract but claimant failed to plead or prove recoverable damages.
Contract law – breach by premature termination; frustration doctrine – not engaged where defendant’s own actions caused cessation; damages – special damages must be pleaded and proved; expenses to perform are not automatically recoverable; exemplary damages generally not available for breach of contract.
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25 October 2006 |
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Court permitted Originating Summons for equitable mortgage and ordered service on the registered proprietor for hearing.
Mortgage law – equitable mortgage by deposit of duplicate certificate and caveat; procedure – Originating Summons under Mortgage Act and Civil Procedure Rules; sufficiency of affidavit evidence to institute proceedings; service on registered proprietor with redemption interest.
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19 October 2006 |
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High Court may grant interim relief when tax tribunal is non‑functional, but applicant failed to pay required deposit or prove irreparable harm.
Tax law – interim relief where Tax Appeals Tribunal non‑functional – High Court’s original jurisdiction to grant injunctions; Tax Appeals Tribunal Act s.15(1) – obligation to pay 30% of assessed tax pending review; Temporary injunction – requirement to show compliance with statutory preconditions and irreparable harm; Civil procedure – inadmissibility of affidavits filed without leave; Agency notices – enforcement of statutory tax collection powers not readily stayed without compelling cause.
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10 October 2006 |
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Court set aside consent sale order after debtor’s counsel failed to disclose an earlier interim injunction preventing the sale.
Civil procedure — Review — Consent judgment — Error/non-disclosure — Court may set aside consent order obtained in ignorance of prior interim injunction; earlier injunction prevails. Property law — Matrimonial property — Alleged mortgage without spouse's consent; pending proceedings protect right to be heard. Equitable relief — Illegality and miscarriage of justice justify review even post-execution; purchaser refunded. Professional conduct — Non-disclosure by counsel of material court orders can vitiate resultant orders.
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5 October 2006 |
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Temporary injunction granted to preserve status quo against alleged counterfeit goods pending resolution of trademark and passing-off claims.
Trade mark infringement; passing off; temporary injunction to preserve status quo; irreparable harm to goodwill; balance of convenience; transit goods/destination evidence.
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3 October 2006 |
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Application to set aside default judgment dismissed because the defendant failed to show an arguable defence.
Civil procedure – Order 9 Rule 12 – Application to set aside default judgment – court’s discretion – requirement of an arguable defence – promptness, bona fides and prejudice – documentary evidence contradicting proposed defence.
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3 October 2006 |
| September 2006 |
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Non-performance of a consent decree does not constitute variation; new substantive relief requires trial and cannot reopen the decree.
Civil Procedure Act s.92 – scope limited to varied or reversed decrees; Consent decree – non-performance does not amount to variation; Enforcement versus variation; Substantive claims arising after a decree require trial; Final decree cannot be reopened by application seeking new awards.
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27 September 2006 |
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Section 71 VAT Act creates joint and several partner liability; third party agency notice to recover partnership tax from a partner was lawful.
Tax law – VAT Act s.71 – application to partnerships – obligations imposed on each partner and joint and several liability – validity of third party agency notice to recover partnership tax from a partner; Evidence – firm cheques do not alone create a personal guarantee; Administrative law – requirement for Tribunal to give reasoned decision and not rely on extraneous partnership deed when construing statutory powers.
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27 September 2006 |
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Attachment was wrongful: objectors proved ownership/possession and immediate release with costs was ordered.
Civil Procedure – Attachment and objection under Order 19 CPR (rules 55–60) – Validity of warrant where location omitted; possession versus ownership; movable goods versus fixtures; bailiff’s authority and trespass; release under Rule 57.
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27 September 2006 |
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Property held by administrators and possessed by objectors was released from attachment as not held in trust for judgment debtors.
Objector proceedings — Order 22 (rules 55–62) — inquiry limited to possession at date of attachment — administrators hold estate property for beneficiaries, not for deceased judgment debtors — release from attachment when no trust for judgment debtor established.
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21 September 2006 |
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Court permits foreclosure claim to proceed by Originating Summons where bank alleges equitable mortgage by caveat and default.
Mortgage law – equitable mortgage by caveat – Sections 7 & 8 Mortgage Act – Originating Summons procedure (Order 34 r.3A & r.7/now O.37) – foreclosure and sale – sufficiency of affidavit and annexed documents to found Originating Summons.
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21 September 2006 |
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Originating summons allowed for foreclosure claim; registered proprietor ordered served due to interest in redemption.
Mortgage law – Originating summons under Mortgage Act and Civil Procedure Rules – equitable mortgage by caveat and power of attorney – foreclosure and sale applications. Civil procedure – sufficiency of affidavit and annexed documents to warrant originating summons. Service – requirement to serve registered proprietor with interest in redemption.
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21 September 2006 |
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Applicant bank’s mortgage foreclosure application was fit for determination by originating summons; court ordered summons issued for hearing.
Mortgage law – foreclosure of equity of redemption – enforcement of security by mortgagee – application under sections 7 and 8 Mortgage Act. Procedure – use of originating summons (Order 34 r.3A & r.7 / now Order 37 r.4 & r.8) to determine mortgage enforcement applications. Evidence – affidavit proof of loan, registered mortgage, outstanding indebtedness and default as basis for issuing originating summons.
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21 September 2006 |
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Applicant granted leave to defend summary suit after demonstrating bona fide triable issues on payment terms and repudiation.
Civil procedure – Order 36 r.3 & r.4 CPR – leave to defend summary suit; requirement of a bona fide triable issue of fact or law; contract interpretation – payment timing and variation by subsequent acknowledgement; breach/repudiation of sale agreement; pleadings and summary procedure.
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10 September 2006 |
| August 2006 |
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Pre‑paid VAT paid by Government and held by the revenue authority is not an attachable debt of the supplier.
Tax law – Pre-paid VAT paid by Government – Revenue Authority’s obligation to place receipts on Consolidated Fund – Attachment/execution—whether prepaid tax constitutes an attachable debt of supplier; Civil procedure – execution against public funds – illegal raid on Consolidated Fund; VAT – remedies for refund claims under statutory procedures.
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29 August 2006 |
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Review denied where alleged new evidence was within applicant’s knowledge and discoverable with due diligence.
Review — discovery of new evidence; requirement that evidence be both unknown and not discoverable with due diligence — applicant's own knowledge and laches; procedural expectation to seek adjournment or call advocate when objection to practising certificate raised.
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22 August 2006 |
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Appeal against taxation decision dismissed as time‑barred under Advocates Act; fee agreement lacked required statutory formalities.
Advocates Act s.62 – appeals from taxing officer’s decision – 30‑day limitation; Civil Procedure Act s.79 inapplicable where specific statute governs; Advocates Act ss.50–51 – formalities for fee agreements to avoid taxation.
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22 August 2006 |
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Applicant failed to show strong prospects of success or irreparable harm; stay of execution refused and costs awarded to respondent.
Civil procedure – stay of execution pending appeal; inherent jurisdiction – section 98 Civil Procedure Act; adequacy of remedy – compensation as alternative; admissibility of fresh evidence on appeal – leave required; balance of convenience and prospects of success required for stay.
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20 August 2006 |
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16 August 2006 |
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Oral family arrangements to finance a company contract, unsupported by written evidence, are unenforceable and unproven.
Company law and agency – corporate acts done through directors; privity of contract; Contract Act s.3(1) – requirement of written memorandum for promises to answer another’s debt; burden of proof and proof of special damages; intention to create legal relations in family/business dealings; evidentiary credibility in commercial claims.
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13 August 2006 |
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Fraudulent diversion of bank funds by an employee warranted finding constructive trusts, lifting the corporate veil and tracing assets.
Banking fraud by employee; fiduciary duty and constructive trust; tracing converted assets; lifting corporate veil to recover proceeds; constructive notice of spouse and company; compound interest on misapplied fiduciary funds.
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7 August 2006 |
| July 2006 |
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A written sale agreement governed the transaction; the applicant lacked contractual standing and the individual respondent is liable for the unpaid balance.
Contract law – formation and parties – corporate personality; Parol evidence rule – written sale agreement excludes extrinsic terms; Sale of Goods Act – specific goods and transfer of property; Remedies – decree for unpaid purchase price, interest, retention of pledged securities and sale in execution; Mitigation and contractual intentions.
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26 July 2006 |
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Clearing agent entitled to proved disbursements; unsupported invoices disallowed; judgment for US$8,516.16 with costs and interest.
Commercial law – clearing and forwarding – disputed invoices for demurrage, port rent, bond/agency and disbursements – necessity of documentary proof; burden of proof on defendant to show payment or credits; single-account treatment and joint liability of related defendants.
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26 July 2006 |
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Pre-judgment security under Order 36 r.5(1)(a) requires evidence of intent to obstruct or delay execution.
Civil Procedure - Order 36 r.5(1)(a) - pre-judgment security/attachment - requirement of intention to obstruct or delay execution - evidential foundation for courts satisfaction - public/statutory body and divestiture law reducing risk of unsatisfied decree - discretionary interference with lower court's order.
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13 July 2006 |
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Where the father contracted and paid, minor children had no contractual cause of action and the suit was dismissed.
Minors’ contracts – capacity to contract; agency and beneficial ownership; auction sale disputes; vicarious liability of bank for auctioneers; absence of standing where father contracted on minors’ behalf.
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5 July 2006 |
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Unlicensed high-interest loan held illegal under Money Lenders Act; claim unenforceable and suit dismissed.
Money Lenders Act – unlicensed lending – illegality of contract – ex turpi causa bars enforcement. Distinction: contract of loan/borrowing v. quasi-contract (money had and received). Abandonment of interest claim does not validate an illegal agreement. Burden of proof and proof of special damages; cheques as indicia of indebtedness, not conclusive proof.
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2 July 2006 |
| June 2006 |
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Late notice of cheque dishonour under the Bills of Exchange Act discharged liability, rendering the plaintiff’s claim unenforceable.
Bills of Exchange Act – notice of dishonour – requirement to give notice within reasonable time – delay discharges drawer’s liability; Evidence – burden of proof on party alleging payment; Corporate personality – cheques payable to company bind drawer notwithstanding alleged dealing with individual; double recovery – invoice and cheque covering same debt cannot both be recovered.
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20 June 2006 |
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Plaintiff entitled to recover Shs.18,300,922 from bailiff for unpaid execution proceeds; unpleaded general damages disallowed.
Execution proceeds – bailiff’s accountability – money had and received/unjust enrichment – burden of proof on party alleging payment – unpleaded general damages not recoverable without amendment – interest on decretal amount.
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14 June 2006 |
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Frustration rejected where defendant’s negligent agent caused delay; written hire clause limited liability; damages awarded.
Contract law – car hire – breach and frustration; agency – hirer liable for acts of chosen agent; parol evidence rule; limitation clause for windscreen/tyres/rims; damages for loss of use and general damages; third-party indemnity requires contractual basis.
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12 June 2006 |
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The plaintiff recovered unpaid certified sums and general damages after the defendant terminated the contract without the required notice.
Contract – construction contract – interim certificates – entitlement to certified sums; Contract termination – Clause 25(1) notice requirement – failure to give 14‑day remedy period renders termination wrongful; Damages – lost opportunity compensation; Interest – court rate from date of default and from judgment; Costs awarded to successful contractor.
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11 June 2006 |
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Plaintiff lacked a legal right to sue on government-project contracts; plaint struck out for failing to disclose a cause of action.
Contract law — cause of action — plaint must disclose plaintiff's legal right; contracts between Government/project and defendant; pre-incorporation contracts; assignment and succession — requirement to plead and attach assignment; stranger to contract cannot sue; plaint struck out for non-disclosure of cause of action; leave to appeal granted.
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7 June 2006 |
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Plaintiff awarded damages for innocent misrepresentation and breach where seller failed to provide duplicate title and misdescribed the property.
Contract law – sale of registered land – implied term that duplicate certificate of title will be available or its unavailability disclosed. Misrepresentation – advertisement as representation – innocent misrepresentation entitling plaintiff to damages where contract affirmed. Evidence – special damages must be strictly proved; failure to inspect engages caveat emptor. Remedies – award of general damages and order to provide Special Certificate of Title; interest and costs.
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6 June 2006 |
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An acknowledgment letter copied to the creditor restarts limitation and entitles refund of a tax overpayment with interest.
Tax law – recovery of overpaid tax; Limitation Act S.22(4) – acknowledgment of debt; a letter addressed to a third party but copied to creditor can revive limitation; entitlement to refund, interest and costs.
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4 June 2006 |
| May 2006 |
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Plaintiff entitled to recover value of dishonoured cheques and Shs.7,000,000 from guarantor/assignee with interest and costs.
Contract – oral variation/enforcement of written remedy; dishonoured cheques – immediate cause of action; novation/third‑party guarantee – enforceability under s.3(1) Contract Act where written confirmation and part‑payment exist; interest as compensation for deprivation of use of money; costs allocation.
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29 May 2006 |
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Court held €4,500 was a repayable loan; defendant breached repayment; no rent was owing; plaintiff awarded €4,500.
Contract law – informal/friendly advances treated as loans where money is proved paid; burden of proof on party alleging tenancy and rental arrears; remedies—principal recoverable, interest discretionary, nominal damages, costs each party to bear own costs.
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24 May 2006 |
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Written sale agreement governs consideration; vendor lacked transferable title so plaintiff recovers Shs.175,000,000/= with interest and costs.
Evidence – Written contracts – ss.91, 92 and 114 Evidence Act – written agreement cannot be varied by oral evidence; party estopped from asserting different consideration. Restitution – Money had and received – payment for land where vendor had no transferable title – refund ordered. Land law – invalid lease granted in error by local land board – lack of transferable title; prior freehold prevails. Procedure – death of a defendant – claim abates against deceased; action may continue against surviving defendant/principal. Third party indemnity – Uganda Land Commission not liable where error lies with local land board.
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17 May 2006 |
