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Citation
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Judgment date
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| May 2012 |
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A preliminary objection that the plaint discloses no cause of action against the second defendant was stayed because material facts are disputed and require evidence.
Civil procedure – Order 7 r.11/Order 6 r.29 – striking out plaint for not disclosing a cause of action – court may only consider plaint and attachments; cause of action as bundle of facts; disputes of fact preclude determination of preliminary objection; privity of contract issue where non-party to sale sued; stay of preliminary objection pending evidence; third-party proceedings relevant.
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25 May 2012 |
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PPDA's failure to notify or hear an interested bidder breached natural justice; its re-tender direction was quashed.
Procurement law — administrative review — PPDA's duty to notify and hear interested bidders under s.91(3) — breach of natural justice renders decision void; Temporary appointment of provider — scope of Local Government (PPDA) Regulations Reg.51; Mandamus — will not enforce doubtful or unsigned award rights; Requirement to include original application and decision in PPDA complaint (Reg.347(3)(a)).
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22 May 2012 |
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Registrar may tax Advocate/Client bills under regulation 10; she may refer taxation issues to a Judge on her own motion.
Advocates Act — taxation of Advocate/Client bill of costs — scope of Registrar's jurisdiction under ss.57–58 and reg.10; references to Judge under s.62(2) vs s.62(3) and regulations; distinction between taxation and recovery of costs; penal VAT interest under VAT Act s.65(3) and Commissioner General's powers under s.66.
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21 May 2012 |
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Guarantors held liable under written guarantee for principal and accrued interest; bank awarded debt, interest and costs.
Banking law – Guarantee – Validity and interpretation of written guarantee – unwitnessed but signed guarantee binding where no allegation of forgery or fraud. Guarantor liability – Extent of liability construed strictly; "together with interest" includes interest and charges. Demand – Written demand to guarantors and principal debtor satisfies requirement. Civil procedure – Successor judge reliance on evidence of predecessor (O.18 r11) and proceeding despite party default (O.17 r4).
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21 May 2012 |
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An originating summons was inappropriate to challenge the lawfulness of administrative action; the claim must proceed by ordinary suit or judicial review.
Civil procedure – Originating summons – Order 37 rule 6 – "Other written instrument" construed ejusdem generis with wills/deeds and does not include Acts of Parliament; Distinction between interpretation/construction and enforcement/ultra vires challenge; Functus officio – signing an originating summons does not preclude later refusal under Order 37 rule 11 after defendant is heard; Appropriate remedies for challenging administrative lawfulness are ordinary suit or judicial review.
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18 May 2012 |
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Carrier breached carriage contract; value of goods, limited special damages, and general damages awarded.
Carriage contract – breach for non-delivery; special damages must be specifically pleaded and strictly proved; lost profits speculative without supporting evidence; demurrage cannot excuse carrier’s delay if caused by carrier; awards: value of goods, proven travel expenses, general damages, interest and costs.
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15 May 2012 |
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A director’s ostensible authority bound the company to a dishonoured cheque; company liable, co‑director not personally liable.
Company law – ostensible authority of director – indoor management rule – delivery at seller’s premises to director constitutes delivery to company – Bills of Exchange Act – dishonoured cheque gives holder immediate recourse – director not personally liable merely for leaving signed cheque leaves.
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11 May 2012 |
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Whether a sale by sample existed and whether supplied paper was merchantable, determining damages, interest and costs.
Sale of goods – sale by sample and by description; implied condition that bulk corresponds with sample; merchantable quality; burden of proof where sample not produced; assessment of special and general damages; interest and costs.
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10 May 2012 |
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Whether S.21(1)(u) exempts agribusiness loan interest — court limits exemption to primary farming; BOU guidelines irrelevant.
Tax law – Income Tax Act s.21(1)(u) – exemption for interest on loans – construction confined to primary agricultural production, not processing/export (agribusiness). Statutory interpretation – purposive approach and use of budget speech to discern legislative intent where necessary; ordinary meaning and ejusdem generis applied. Administrative guidance – Bank of Uganda guidelines are not an aid to interpret the Income Tax Act; only Commissioner practice notes are envisaged by s.160.
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8 May 2012 |
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Interlocutory judgment and a signed acknowledgement entitled the plaintiff to USD 23,400, USD 2,000 general damages, interest and costs.
Commercial law – breach of contract for non‑payment of supplied goods – interlocutory judgment under Order 9 r 8 – assessment of damages; written acknowledgement as admission sufficient to prove special damages; award of general damages and appropriate interest rates.
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7 May 2012 |
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A Grade One magistrate exceeded jurisdiction by awarding unquantified general damages above the Ushs 20,000,000 limit; special damages upheld and interest reduced.
Magistrates' pecuniary jurisdiction – Grade One limit Ushs 20,000,000 – unquantified general damages not part of subject-matter value – excess award nullity; proof of special damages by invoices (VAT component); discretion to award and date interest; appellate reduction of excessive damages.
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3 May 2012 |
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Whether a Grade I magistrate could award damages and interest exceeding its pecuniary jurisdiction and what equitable reductions apply.
Civil procedure – Pecuniary jurisdiction of Grade I Magistrate – value of subject matter determined by pleaded (quantified) claim; unquantified general damages excluded. Evidence – Proof of special damages (VAT) by invoices paid without VAT component. Relief – Awards exceeding court’s pecuniary jurisdiction are nullities and may be substituted on appeal. Interest – Discretionary under s.26(2) Civil Procedure Act; interest on special (liquidated) damages from filing; on general (assessed) damages from judgment; rate must be justified.
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3 May 2012 |
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Receivers' constructive possession, not a creditor’s lien, prevailed and attached trucks were released.
Civil procedure – Release from attachment – Possession is determinative; lien does not confer possessory rights; appointment of receiver vests constructive possession and prevails over subsequent attachment by judgment creditor.
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2 May 2012 |
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Whether the applicant had possession of assets purchased from receivers at the time of attachment.
Civil procedure – Objector proceedings under Order 22 r 55–58; question of possession at time of attachment; limits of inquiry (possession v title); effect of receivers’ sale on attachment; release of attached property.
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2 May 2012 |
