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15 judgments found.
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April 2012
Registrar's extension of interim order after stay to arbitration was void; interim relief must be sought under the Arbitration Act (section 6).
Arbitration and Conciliation Act
— stay of proceedings under section 5 — effect on interlocutory matters; registrar's lack of jurisdiction to extend orders after stay
— section 6 — court’s power to grant interim measures before or during arbitration; procedural requirements (chamber summons, Arbitration Rules)
Civil Procedure Act/Rules — improper procedure for interim relief in matters governed by arbitration clause; possibility of curing procedural defects but preference for correct statutory route
Jurisdiction — inherent and statutory limits once dispute referred to arbitration
30 April 2012
An unqualified acceptance of a tender award incorporated NDA registration/inspection conditions; non‑matching labelling justified rejection and refund.
Contract law — Tender/award — Incorporation of post‑award notification terms by unqualified acceptance — Acceptance must be unqualified
Regulatory compliance — Drug registration and inspection — Material mismatch in labelling/registered product justifies regulatory rejection
Remedies — Damages and interest — Recovery of sums paid under letter of credit; special damages require strict proof
30 April 2012
Contractor entitled to unpaid contractual variations ordered by Project Manager despite procurement/AG clearance issues; retention fee unproven.
Construction law — Contract variations — Authority of Project Manager to order variations — Effect of express contractual variation and compensation clauses
Procurement law — Public procurement clearance and legal advice — Lack of PPDA/Attorney General clearance does not bar contractor’s right to payment where written contractual variation orders exist
27 April 2012
Court varied default judgment: confirmed liability for admitted UGX 250,000,000, allowed defence only on UGX 50,000,000, and restored disputed claims for trial.
Civil procedure — Default judgment (Order 9 r6, r12) — Setting aside/varying default orders — sufficient cause; enlargement of time (Order 51 r6); contract law — frustration and contractual covenant providing refund/alternative plot; evidence — no oral variation of written contract (s91 Evidence Act); deemed admissions (Order 8 r3).
27 April 2012
Court enforces binding expert reports; insurer not liable for most policy claims, plaintiff recovers only workmen’s compensation award.
Civil procedure — Expert evidence / Special referee — Court‑appointed experts’ reports binding and adoptable as judgments — Judicature Act s.26 — Order 17 r.4 application for proceedings despite delay
Insurance law — Policy coverage — Public liability/all‑risks — Exclusion for losses caused by insured’s agents/guards and requirement of timely reporting and documentation — insurer’s discretion regarding ex‑gratia payments
26 April 2012
Taxation set aside where Registrar proceeded without ruling on preliminary objection and bill failed to separate items by law firm.
Civil procedure
— Taxation of costs — Power to tax a fresh bill after dismissal for want of form — Dismissal for form not a final decision
— Preliminary objections — Necessity to dispose of preliminary objection before hearing merits of taxation
Costs — Advocate-client bill — Requirement to list separately items attributable to different law firms to avoid improper claims
23 April 2012
A mortgagor with an equitable interest may sue for breach of an injunction, but cannot obtain cancellation of registered title in respect of an absentee registered proprietor.
Civil procedure — Pleadings — Cause of action — Whether amended plaint discloses a cause of action under Order 7 r.11 / Order 6 r.30
Property law — Registration of Titles — Cancellation/impeachment of title — Relief cannot be granted in respect of a registered proprietor not before the court (RTA s.176; Article 28)
Civil procedure/Equity — Injunctions — Third party enforcement — Person with equitable interest may sue for breach of an injunction affecting their property interests
22 April 2012
20 April 2012
The plaintiffs’ claim was barred by lis pendens and failed against non‑parties for lack of cause and privity; suit dismissed.
Civil Procedure — Lis pendens — Section 6 Civil Procedure Act — later suit barred where matter directly and substantially in issue in earlier suit between same parties
Pleadings — Order 7 r 11 and Order 6 r 30 CPR — when plaint discloses no cause of action or is frivolous/vexatious. Contract/Consent order — privity of contract — third parties not bound or enforceable against non‑parties to the consent order
Misjoinder — remedy by striking out/joining under Order 1 rules 9,10 and 13. Abuse of process — bringing parallel suit to circumvent pending proceedings
20 April 2012
Dishonoured cheques establish debtor's liability; plaintiff awarded face value, contractual and post‑judgment interest.
Commercial law — Sale of goods/credit — Dishonoured cheques as prima facie evidence of indebtedness — Holder entitled to judgment absent exceptional grounds
Remedies — Interest — Contractual interest, interim/post‑filing interest and post‑judgment interest — Recoverability and appropriate rates
Civil procedure — Ex parte proceedings — Failure to appear after service — Suit properly heard ex parte
19 April 2012
Bank found negligent for unauthorised withdrawal from customer’s account due to lax procedures but fraud not established.
Banking law — savings account — withdrawal by forged signature — negligence — duty of care owed by banker — relationship between banker and customer — quantum of damages for negligent payment — pleading and proof of fraud versus negligence.
13 April 2012
Mandatory commercial mediation counts as ADR under Order 12, triggering the 21‑day cut‑off; the late security for costs application was dismissed.
Civil procedure — Alternative dispute resolution — Mandatory commercial mediation under Mediation Rules 2007 treated as ADR under Order 12 — 21‑day cut‑off for interlocutory applications
aCivil procedure — Appeals from registrar — Motion on notice competent where registrar's ruling is attached even if formal order not extracted
12 April 2012
Bank negligent for over‑the‑counter payment on one improperly completed/forged withdrawal; refund, damages, interest and costs awarded.
Banking law — Banker–customer relationship — Over‑the‑counter withdrawal slips — Duty of care and liability for negligent payments
Evidence — Expert handwriting evidence — Weight and assessment of conflicting reports and use of originals versus photocopies
Civil procedure — Pleading of fraud — Requirement for specific particulars and higher standard of proof
12 April 2012
Employer liable for unpaid NSSF contributions, statutory penalties and minister‑declared interest; default judgment entered.
Social security law — Employer liability for contributions — Failure to remit NSSF standard contributions and statutory consequences — NSSF Act ss.11,14,35
Civil procedure — Default judgment — Liquidated demands and interlocutory judgment — Order 9 r.6 (final judgment on liquidated demand) and r.8 (interlocutory judgment for pecuniary damages)
Statutory interest and penalties — Application of minister‑declared interest rates and section 14 penalties as liquidated sums
12 April 2012
Allegations of conspiracy and investigative findings sufficed to disclose a civil cause of action against the third defendant.
Civil procedure — Pleading — Cause of action — Whether plaint discloses a cause of action under Order 7 r 11 CPR
Tort — Conspiracy — Civil liability — Whether allegations of conspiracy and investigative findings suffice to plead actionable loss
12 April 2012
