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Citation
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Judgment date
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| December 2007 |
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Sale of mortgaged property without statutory notice and with under‑declared proceeds held unlawful, fraudulent and negligent; plaintiff liable for market value difference.
Mortgages – Requirement of statutory notice under Registration of Titles Act (ss.116–117) and service per s.210A; sale of mortgaged land without notice unlawful; Mortgagee’s duty of care in sale – obtain pre‑sale valuation and avoid private treaty without justification; Fraudulent under‑declaration of sale proceeds — concealment of true purchase price; Remedies — recovery of difference between true market value and sale price plus interest; mesne profits and general damages considerations.
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20 December 2007 |
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Applicant failed to seek a statutory additional arbitral award within 30 days; High Court revision was inappropriate.
Arbitration — omitted claims; Arbitration and Conciliation Act s.33 — additional award within 30 days; High Court revision — not available for arbitration awards; Procedural compliance and statutory time limits; Improper attempt to register omitted certificates via company resolution.
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19 December 2007 |
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Preliminary objections raising mixed questions of fact and law were overruled; defects in the plaint are curable by amendment.
Civil procedure – preliminary objections – jurisdiction under section 15 of the Civil Procedure Act (place where contract made, to be performed, or defendant carries on business) – preliminary objections raising mixed facts and law not suitable for summary disposal – pleadings and disclosure of cause of action – omission as to joint or several liability curable by amendment.
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17 December 2007 |
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Ex parte judgment set aside where service on a receptionist was ineffective and defendant demonstrated timely prima facie defence.
Civil procedure – Setting aside ex parte judgment – Order 9 rule 12 – requirement of reasonable explanation and prima facie defence; Service on corporations – Order 29 rule 2(a) service on secretary, director or other principal officer; service on receptionist or office attendant not effective; alternative service at registered office or place of business under rule 2(b) – requirement to aver absence of registered office; affidavit of service must identify officer served.
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13 December 2007 |
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Respondent’s deficient defence and counter‑claim alleging misrepresentation and lacking a title were not struck out but ordered amended.
Civil Procedure – Pleadings – Order 6 r.3 CPR – particulars required where misrepresentation is pleaded; Order 6 r.19 CPR – amendment to cure defects; Order 8 r.8 CPR – titled heading for counter-claim mandatory where counter-claim introduces other persons; counter-claim as cross-action; strike-out inappropriate where defects curable by amendment.
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13 December 2007 |
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A judgment against a principal debtor does not bar a separate enforcement action against a guarantor; limitation runs from demand.
Res judicata — applicability to guarantor where earlier decree against principal debtor; Contract limitation — six-year period; for guarantees, limitation runs from date of demand (invocation).
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11 December 2007 |
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Leave to appeal granted to determine whether counsel who supplied affidavit information is a potential witness and therefore disqualifiable.
* Civil procedure – interlocutory applications – leave to appeal – test: arguable grounds, seriousness of issue and absence of dilatory conduct. * Advocacy ethics – whether counsel who supplies information relied upon in a supporting affidavit becomes a potential witness and may be disqualified.
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6 December 2007 |
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An equitable mortgage and foreclosure were upheld where defendants expressly acknowledged the debt and deposited the title as security.
* Security law – Equitable mortgage – deposit of title and caveat create equitable mortgage (Mortgage Act s.129).
* Mortgage – foreclosure – right to foreclose upon breach of covenant to pay (Mortgage Act s.8(1)).
* Corporate law – separate corporate personality – director/owner’s written acknowledgement and security can override mere reliance on company separation.
* Evidence – written acknowledgment of debt and conduct (caveat, retention of title) establish enforceable security.
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6 December 2007 |
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An airway-bill "Prepaid" endorsement does not prove payment; the respondent was held liable for unpaid carriage charges.
Commercial law – carriage of goods – recovery of airfreight charges – whether "Prepaid" endorsement on airway bills constitutes proof of payment – distinction between airway bill and receipt – evidence and credibility of witnesses.
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5 December 2007 |
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Ineffective service and the seller’s breach led to the plaint being rejected and the suit struck out.
Civil procedure – Service of summons – ineffective service on former solicitors who disclaimed instructions – default/interlocutory judgment improperly entered and set aside; Contract law – Sale of land – express obligation to deliver possession immediately – vendor’s breach; Specific performance – unavailable where vendor re-sold property after transaction collapsed; Pleadings – plaint discloses no cause of action – rejection under O.7 r.11(a).
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4 December 2007 |
| November 2007 |
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Government (Attorney General) not a necessary party; corporate separateness precludes joining shareholder as co-defendant for company’s contractual breach.
Civil procedure – Joinder of parties – Order 1 r.10(2) CPR – Necessary vs proper party; Corporate law – Separate legal personality of company; Shareholder (Government) not liable for company’s contractual breaches; Third-party/indemnity remedy where company seeks redress against shareholder; Evidence of negotiation or shareholder interest does not make shareholder a necessary party.
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29 November 2007 |
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Applicant's application to vacate temporary injunction for inventory non-compliance dismissed; both parties breached order, injunction maintained.
* Civil procedure – temporary injunction – purpose is to preserve status quo pending suit – order binds both parties.
* Court-ordered joint inventory – compliance required within prescribed time and signatures by officials and lawyers.
* Failure to comply – where both parties breach the order, applicant cannot rely solely on respondent's non-compliance.
* Equitable principle – parties must come with clean hands; uncontested affidavit averments are taken as admitted.
* Remedy – application to vacate injunction dismissed with costs; inventory to be verified, signed and filed within seven days.
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29 November 2007 |
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Leave to voluntarily wind up a financial institution refused for non-compliance with Companies Act notice requirements; 30-day cure allowed.
Financial Institutions Act s.98(1) – voluntary liquidation leave; Companies Act ss.279, 281, 277(1) – statutory declaration of solvency, special resolution, and publicity/notice requirements; court’s supervisory role to protect depositors and creditors; non-compliance with notice requirement bars immediate grant of leave but may be cured.
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28 November 2007 |
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Payment of the principal after suit is not a bar to a claim for costs; unsuccessful defendants ordered to pay costs.
* Civil procedure – costs – discretion under section 27(1) Civil Procedure Act – usual rule that costs follow the event.
* Commercial law – dishonoured cheque – payment of principal after suit filed does not extinguish claim for costs.
* Withdrawal of application – undertaking to pay costs strengthens entitlement to costs; judgment entered for plaintiff for principal and costs.
* Costs – defeated party liable for costs of suit and costs attendant to withdrawal; bill of costs to be taxed.
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15 November 2007 |
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Extension denied: applicant failed to show the intended appeal raised a question of law or attach a proposed notice of appeal.
Tax Appeals Tribunal — extension of time to appeal under s.27(1) — appeals limited to questions of law under s.27(2) — applicant must demonstrate intended question(s) of law (attach proposed notice of appeal or state grounds) — counsel’s miscalculation/late receipt insufficient where no point of law shown.
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13 November 2007 |
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Respondent’s failure to pay hire balance breached contract; applicant entitled to unpaid balance, agreed costs, limited additional damages.
* Contract law – hire agreement – existence and terms of hire; breach for non-payment.
* Mitigation of loss – injured party’s duty to terminate and avoid accruing further loss.
* Damages – assessment of special and general damages, and award of interest and costs.
* Civil procedure – substituted service and default judgment.
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11 November 2007 |
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Leave for judicial review refused where PPDA made no cancellation order and contract remedies were available to the applicant.
Judicial review — leave to apply — discretionary remedy — prerogative writs (certiorari, mandamus, prohibition) inappropriate where administrative body made no cancellation order and where adequate contractual remedies exist.
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4 November 2007 |
| October 2007 |
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Contractor substantially performed lump-sum building contract; employer’s wrongful termination entitles contractor to full contract price, interest and costs.
Construction law – lump-sum contract; substantial performance doctrine; admissibility of oral variation under Evidence Act; estoppel by silence; entitlement to contract price, interest and costs where employer wrongfully terminates contractor’s work.
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30 October 2007 |
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Insurer subrogated to insured’s claim recovers indemnity from security firm vicariously liable for employees’ theft.
Insurance law – validity of policy despite typographical error in insured’s name; coverage of money in transit by third-party carrier; insurer’s right of subrogation upon indemnification; formation and enforceability of oral cash-in-transit contract; vicarious liability of employer for servants’ criminal acts; quantum determined by independent adjuster and indemnity documentation.
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30 October 2007 |
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Leave to defend granted due to bona fide triable issues over pledged title, lender’s conduct, and accumulated interest.
Civil procedure – Order 36 r 3 & 4 – leave to appear and defend; requirement of bona fide triable issue; adequacy of affidavit particulars; summary procedure; security by deposit of certificate of title; lender’s failure to sell pledged land; refusal to release title; title registered in third party’s name; entitlement to accumulated interest.
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24 October 2007 |
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Stay of execution pending appeal denied where applicant failed to show execution would render appeal nugatory.
Tax Appeals – stay of execution pending appeal – section 28 Tax Appeals Tribunal Act; inherent jurisdiction to stay – burden on applicant to show execution would render appeal nugatory or special circumstances – respondent’s ability to repay as decisive factor.
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18 October 2007 |
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Statutory notice accepted as received, but adding the division was time‑barred without pleading the disability exception.
Local authorities — statutory notice requirement to sue local authority — mandatory but effective receipt may be shown by legal department's response; Limitation law — causes of action against local authorities subject to statutory periods (s3) — substantive and strictly enforced; Limitation exception — "disability" under s5 may revive action but must be pleaded in the plaint; Amendment — adding a defendant outside limitation requires disclosure of the exception; Civil procedure — plaint to disclose grounds for exemption when instituting out‑of‑time claims.
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18 October 2007 |
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Leave granted to add the central bank as defendant; statutory immunity issue reserved for trial.
* Civil procedure – Amendment/Joinder – leave to add a party – discretion to allow amendment to fully determine issues. * Financial regulation – regulator immunity – statutory immunity under s.118(2) of the Financial Institutions Act should be addressed at trial where evidence can be led. * Interlocutory relief – objections raising factual or evidentiary matters may be reserved for trial rather than decided at leave-to-amend stage.
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17 October 2007 |
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Arrest warrant and ex parte judgment set aside due to doubtful service, document discrepancies and irregular advocate change.
Civil procedure – service of process – validity of service where summons and affidavits show inconsistent dates and differing signatures; execution and committal – requirement for proper Notice of Change of Advocates; ex parte judgment – setting aside for procedural irregularity and triable issues; leave to defend – granted where service and supporting documents are doubtful.
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17 October 2007 |
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Proceedings instituted by notice of motion for an ordinary money claim were incompetent and dismissed.
Civil procedure – institution of suits – Order 4 Rule 1(1) and Order 6 CPR – plaint required for ordinary actions – notice of motion not competent to commence action for recovery of money.
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17 October 2007 |
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Court can order security for enforcement of an arbitral award under section 34(5) despite alleged redundancy of Rule 12.
Arbitration — Security for enforcement — Section 34(5) Arbitration and Conciliation Act — Rule 12 Arbitration Rules — procedural redundancy does not oust substantive power — interlocutory refusal to declare award nullity — delay and respondent’s ability to pay as relevant factors.
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17 October 2007 |
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Default judgment set aside: service on an unauthorised secretary was ineffective and the applicant showed an arguable defence.
* Civil procedure – setting aside default judgment – requirement of effective service of process – acknowledgement by company secretary not shown to be authorised – ineffective service.
* Civil procedure – affidavits – inadmissible hearsay and matters not within personal knowledge (Order 19 r.3(1)) – weight of competing untested affidavits where no cross-examination.
* Setting aside default judgment – must show absence of service and an arguable defence – discretion to order trial and file defence.
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17 October 2007 |
| September 2007 |
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Temporary injunction refused where arguable claim existed but irreparable loss not shown and the property sale had already occurred.
* Land law – family land and spouse's consent – whether mortgage without spouse's consent is void under section 39 of the Land Act.
* Interim remedies – temporary injunctions – requirements: prima facie case, irreparable harm and balance of convenience.
* Evidence – contradictions in affidavit affecting credibility.
* Remedy timing – injunctions to preserve status quo; relief inappropriate after sale has occurred.
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19 September 2007 |
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A plaint mixing time‑barred interest claims with recoverable principal must be rejected if it fails to segregate or plead exemption.
Limitation Act s.18(5) — recovery of arrears of interest barred after six years; Pleadings — amended plaint must segregate time‑barred and non‑barred amounts; Civil Procedure Rules Order 7 r.6 — requirement to plead exemption from limitation; Order 7 r.11(d) — rejection of plaint where claim is statute‑barred and indistinguishable.
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19 September 2007 |
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Applicant failed to show a prima facie case and injunction was refused; substantive spouse-consent issue reserved for trial.
* Interim relief – temporary injunction – requirements: prima facie case, irreparable harm, balance of convenience. * Land law – mortgage of family home – spouse’s prior written consent under Section 39 of the Land Act (pre-amendment). * Corporate capacity – director/secretary as the ‘mind’ of the mortgagor company and implications for spouse consent. * Procedural – whether interim relief appropriate where substantive issues require full trial.
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18 September 2007 |
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Whether a lease extension and force majeure excused non-return of hired machinery; court found termination, no force majeure, award for plaintiffs.
Commercial law – Dry lease of heavy equipment – Extension and termination of lease – Variation of hire charges and implied obligation to keep utilisation records – Force majeure plea (insurgency/mechanical breakdown) – burden of proof – Counterclaim for repairs dismissed for lack of credible evidence – Interest and costs awarded.
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12 September 2007 |
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Plaintiff failed to prove alleged overdraft; confused bank records defeated both claim and counterclaim.
Bank overdraft disputes; burden of proof on balance of probabilities; reliability of bank records in liquidation; mixed accounts where customer is also service provider; special damages must be pleaded and strictly proved; loss falls where it lies when rights cannot be accurately ascertained.
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5 September 2007 |
| August 2007 |
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Defendant who ordered and received goods through agents liable for unpaid price; plaintiff awarded judgment, interest and costs.
Sale of Goods Act – specific goods – property passes on contract; Seller’s action for price under s.48; burden of proof; inadmissibility of hearsay from uncalled witness; commercial interest discretionary award; agency and liability for acts of agents.
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30 August 2007 |
| July 2007 |
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A plaint omitting particulars of interest can be amended; oral amendment allowed where attachments and facts disclose the claim.
* Civil procedure – Pleadings – Cause of action – Whether plaint discloses cause of action where claimed outstanding sum includes interest not particularized.
* Civil procedure – Amendment – Order 6 r.19 – Deficiencies in pleadings curable by amendment; oral application to amend permissible during hearing.
* Contract – Interest on late payment – entitlement to interest despite full payment before suit if claim properly pleaded or shown in attachments.
* Civil Procedure Act – Court’s discretion as to commencement of interest and allowing amendments to determine real controversy.
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26 July 2007 |
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Plaintiff accepted reduced distribution of execution proceeds by conduct and is estopped from later claiming the full decretal balance.
* Civil procedure – money had and received – action against a court bailiff for recovery of decretal proceeds; allocation of execution proceeds. * Evidence – burden and standard of proof on balance of probabilities; weight of circumstantial evidence and conduct. * Equitable estoppel – acquiescence by conduct to reduced settlement precludes later claim for original amount. * Remedies – decree for unpaid balance, interest from filing date, partial costs award.
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25 July 2007 |
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Appellate court may hear injunctions to safeguard appeals, but injunction refused where no irreparable harm and public interest outweighs applicant.
Electricity law – injunction pending appeal – Court of Appeal Rules (Rule 6(2)(b) & Rule 42) – jurisdiction to entertain application – prima facie/triable issues – re-evaluation authority of Ministry – irreparable harm and balance of convenience – public interest vs. interim relief.
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19 July 2007 |
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Defendant liable for employees' theft in course of employment; insurer’s subrogation and unsigned policy upheld.
Contract law – validity of insurance policy (unsigned by insured) – vicarious liability – theft by employees committed in the course of employment – indemnity clause interpretation – clause excusing liability for events beyond reasonable control (burden to prove).
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17 July 2007 |
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Whether a temporary injunction under Order 41(1)(a) can restrain enforcement of a debenture pending a validity determination.
Civil Procedure – Interlocutory injunction – Order 41 Rule 1(a) – Whether declaratory proceedings as to loan and debenture invalidate an application for injunctive relief – Debenture enforcement rights (possession, sale) as property in dispute – Preliminary objection dismissed.
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17 July 2007 |
| June 2007 |
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Interlocutory judgment under Order 9 Rule 8 is inappropriate where the plaint includes a liquidated debt; judgment entered under Rule 6.
Civil Procedure – Default judgment – Distinction between Order 9 Rule 8 (pecuniary damages only) and Order 9 Rule 6 (liquidated demands); interlocutory judgment improperly entered where plaint joins liquidated debt with pecuniary damages; setting aside interlocutory judgment and entering judgment under Rule 6.
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27 June 2007 |
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Court disallowed adding a revenue authority as co-defendant, finding joinder unnecessary for resolving a contractual breach.
* Civil procedure – joinder of parties – O.1 r.10(2) – court has wide discretion to add parties but only when necessary to effectually and completely adjudicate all questions. * Plaintiff's prerogative – plaintiff entitled to select defendants; compulsory joinder not ordered where non-joinder will not defeat the suit. * Third party procedure – where a defendant seeks contribution or indemnity from a third party, proper course is third party notice rather than forced addition over plaintiff's objection. * Privity – a third party who is a stranger to the contract need not be joined to adjudicate contract disputes.
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21 June 2007 |
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Court finds defendants liable for trade mark infringement and passing off; grants injunctions, destruction, damages and cancels bad-faith registration.
Trade mark law – passing off and trade mark infringement – similarity of get-up and likelihood of confusion – priority of use and goodwill – remedies: injunction, delivery up and destruction, damages, interest and cancellation of bad-faith registration.
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21 June 2007 |
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Temporary injunction granted to preserve disputed land pending trial where applicant established a prima facie case and balance of convenience.
Civil procedure – Temporary injunction (O.41 r.1) – preservation of status quo; prima facie case and probability of success; irreparable harm; balance of convenience; orders against parties not registered as owners; ability of true owner to apply to be discharged from injunction.
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17 June 2007 |
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A VAT refund claim based on invoices issued to other legal entities discloses no cause of action and is struck out.
VAT law – input tax refund – tax invoice must be in name of taxable person – corporate separate personality – cause of action determined from plaint alone – ex turpi causa bars recovery where claim relies on non-compliant/illegally issued invoices – O.7 r.11(a) Civil Procedure Rules (plaint discloses no cause of action).
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14 June 2007 |
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The plaintiff's 2006 suit based on a 1992 undertaking was time‑barred and disclosed no cause of action, so the plaint was rejected.
* Limitation of actions – time bar – twelve years for actions on judgment and six years for contract – claim based on 1992 judgment and agreement held time‑barred.
* Limitation of actions – fraud tolling (section 25) – discovery rule – concealment pleaded as occurring "soon after" 1992, court finds plaintiff could have discovered earlier.
* Civil Procedure – plaint to be rejected where it does not disclose a cause of action – undertaking between defendant and court bailiffs not creating direct cause of action for judgment creditor.
* Procedure – inability to trace defendant is not a defence to limitation; substituted service available.
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7 June 2007 |
| May 2007 |
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A company is not liable for pre‑incorporation debts absent pleaded ratification; plaint rejected for non‑disclosure of cause of action.
* Company law – liability for pre‑incorporation debts – company distinct from promoters; no automatic liability for predecessor's obligations.
* Pleadings – disclosure of cause of action – Order 7 r.11(a) – plaint liable to rejection if no cause of action pleaded.
* Ratification – memorandum and articles do not constitute a contract with third parties or ratify pre‑incorporation debts absent a new agreement or resolution.
* Comparative law – English statutory developments (Phonogram/European Communities Act) not applicable to change Ugandan common law.
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31 May 2007 |
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Mortgagee breached duty to obtain best price; plaintiff awarded Shs.15,000,000 damages with interest, sale not set aside.
Mortgagee’s duty to act in good faith in exercising power of sale; obligation to take reasonable steps to obtain best price; remedies for undervalue sale; assessment of damages where private sale conducted without adequate competitive bidding.
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31 May 2007 |
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Registered trade mark owner proved infringement by imported counterfeit toothbrushes; passing off failed for lack of goodwill evidence.
* Trade mark law – registration – proprietor’s certificate as prima facie proof of ownership.
* Trade mark infringement – test is likelihood of confusion; importer of goods bearing identical get-up found liable.
* Passing off – requires goodwill, misrepresentation and damage; absence of evidence of circulation or goodwill defeats claim.
* Remedies – permanent injunctions, delivery up and destruction, damages, interest and costs.
* Evidence – reliance on UNBS interception and analysis; Registrar’s testimony confirming registrations.
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31 May 2007 |
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Interlocutory judgment entered in error where plaint combined liquidated and unliquidated claims; final judgment entered under Rule 6.
Civil procedure — Order 9 Rule 6 (liquidated demand) vs Order 9 Rule 8 (pecuniary damages-only); interlocutory judgment; mixed plaints combining liquidated and unliquidated claims; setting aside erroneous interlocutory judgment; plaintiff’s election to proceed under appropriate rule.
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30 May 2007 |
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Registrar’s failure to decide an extension application and to hear opponents breached natural justice, warranting reinstatement of oppositions.
* Trade marks – opposition proceedings – Registrar’s power under Rule 101 to grant extension of time – duty to consider pending extension application before setting aside opposition. * Administrative law – natural justice/audi alteram partem – duty to notify and hear an opponent before making adverse decision. * Procedural fairness – requirement for reasons and specific findings when striking out opposition proceedings.
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30 May 2007 |
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Defaulting defendant held liable; plaintiff awarded special and general damages, 25% interest and costs.
* Civil procedure – Default judgment (O.9 r.6) – interlocutory judgment determining liability where defendant fails to file a defence.
* Evidence – proof of special damages by invoices and payment instruments.
* Damages – award of general damages by legal presumption where breach established despite no figure proposed.
* Interest – decretal amounts to attract post-judgment interest at 25% per annum.
* Costs – successful plaintiff entitled to costs following default judgment.
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30 May 2007 |
