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Citation
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Judgment date
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| April 2012 |
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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.
* Arbitration and Conciliation Act – 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.
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30 April 2012 |
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Whether a post‑award notification's registration/inspection terms formed part of the contract and justified refund for rejected drugs.
• Contracts – tenders: invitation to treat, tenderer’s bid as offer, acceptance must be unqualified; post-award notification accepted by conduct can form part of contract.
• Administrative/regulatory compliance – statutory/regulatory registration (NDA) and quality inspection clauses enforceable where incorporated into contract.
• Evidence of special damages – special damages must be specifically pleaded and strictly proved; invoices/documentary proof required.
• Remedies – recovery of payments made under letter of credit for non‑compliant goods; refusal of unproven ancillary costs; dismissal of counterclaim for unpaid balance.
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30 April 2012 |
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Contractual variation orders by the Project Manager were binding; contractor awarded outstanding variation payment, interest, damages and costs.
* Contract law – variations: Project Manager’s contractual authority to order and assess variations binds the employer. * Public procurement/AG clearance: internal approval gaps do not render variation orders unenforceable against an innocent contractor acting on written Project Manager instructions. * Proof of special/retention sums: retention payable only upon Project Manager’s certification; special damages must be strictly proved. * Interest: court discretion to award pre‑ and post‑judgment commercial interest.
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27 April 2012 |
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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).
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27 April 2012 |
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Expert reports agreed by the parties are binding; most insurance claims dismissed, applicant awarded workmen’s compensation.
* Civil procedure — Court proceeding after delay — Order 17 r.4 CPR.
* Expert evidence/referee — Parties’ agreement to be bound by court-appointed experts; adoption under s.26 Judicature Act.
* Insurance law — scope of public liability/all-risks; exclusion for criminal acts by insured’s agents (guards); ex-gratia payments.
* Accounting reconciliation — premiums paid, credit notes, claims paid and unsettled.
* Set-off defence — unpaid premiums not established; plaintiff in credit for relevant period.
* Workmen’s compensation — insurer liable for claim within policy period.
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26 April 2012 |
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Registrar's taxation set aside for failing to rule on preliminary objection and for improperly aggregated advocate costs; taxation ordered de novo.
* Taxation of costs – limits of appellate interference – exceptional circumstances required to upset taxation awards. * Civil procedure – preliminary objections – must be ruled upon before hearing merits; hearing ex parte without ruling is error. * Res judicata/functus officio – dismissal for want of form is not final on merits and does not preclude filing a fresh bill. * Advocacy costs – items attributable to different advocates/firms must be separately itemised to avoid improper claims.
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23 April 2012 |
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A former proprietor may sue for breach of injunction and mortgage duties but cannot cancel a third party’s registered title absent that party.
Civil procedure – Order 7 r.11 / Order 6 r.30 – plaint disclosing cause of action; Locus standi – "person aggrieved"/equitable mortgage – third‑party injunction effects; Registration of Titles Act ss.176–178 – impeachment/cancellation of title requires action against registered proprietor; Constitutional right to fair hearing (art.28) – cannot adjudicate rights of absent registered proprietors.
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22 April 2012 |
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20 April 2012 |
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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.
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20 April 2012 |
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Dishonoured cheques for credit sales entitle the holder to judgment for the cheque value plus contractual and post‑judgment interest.
* Commercial law – dishonoured cheques – cheque as a bill of exchange – holder entitled to judgment for face value where cheque dishonoured absent exceptional grounds.
* Contract – sale of goods on credit – admissibility of invoices, ledger and original cheques as proof of indebtedness.
* Interest – contractual interest recoverable; additional pre‑ and post‑judgment interest awarded.
* Civil procedure – ex parte hearing where service proved; costs follow successful party.
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19 April 2012 |
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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.
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13 April 2012 |
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Mandatory commercial‑court mediation counts as ADR under Order 12; late security‑for‑costs application dismissed due to inordinate delay.
Civil Procedure — Order 12 (Scheduling conference and ADR) — Interpretation of timelines for interlocutory applications; Commercial Court Mediation Rules 2007 — mandatory mediation deemed ADR for Order 12 purposes; Security for costs — interlocutory application deadlines and inordinate delay; Appeals from registrar — competence where ruling and record attached.
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12 April 2012 |
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Bank liable for negligent over‑the‑counter payment where withdrawal slip was not signed and bank failed verification; fraud not determined.
Banking law – banker–customer duty of care in over‑the‑counter withdrawals – withdrawal slips vs. cheques – handwriting expert evidence conflicts – fraud requires specific pleading and particulars – negligent payment on materially incorrect withdrawal slip renders bank liable.
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12 April 2012 |
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Employer liable for unpaid statutory social security contributions, statutory penalties and minister-declared interest; liquidated demands warrant final judgment.
* Social Security contributions – employer liability to remit statutory contributions – inspection reports and correspondence as proof of non-remittance.
* Statutory penalties (s.14 NSSF Act) and minister-declared interest (s.35 NSSF Act) – recoverable as liquidated demands.
* Civil Procedure – Order 9 rr.6 & 8 – default judgment: final judgment for liquidated demand and interlocutory judgment for pecuniary damages.
* Remedies – arrears, statutory penalties, minister-declared interest, further accruals and costs.
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12 April 2012 |
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Pleadings alleging diversion of supplied goods and a conspiracy sufficiently disclose a cause of action against the third defendant.
Civil procedure — Order 7 r.11 (CPL) — Rejection of plaint for failure to disclose a cause of action; Pleadings — court limited to plaint and annexures; Conspiracy — pleaded conspiracy may implicate alleged co-conspirators; Evidence from the bar (e.g., acquittal) not considered at pleading stage.
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12 April 2012 |
