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Citation
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Judgment date
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| August 2012 |
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A plaintiff may plead negligence against a collateral manager even where breach of contract is also pleaded, if an independent duty of care is alleged.
Civil procedure – Pleading a cause of action – Whether a plaint discloses a cause of action against a collateral manager; Distinction between tort (negligence) and contract; Particulars of negligence required by Order 6 r 3; Pleading form versus substance; Collateral management agreement duties may give rise to independent duty of care.
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31 August 2012 |
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Court declares consent decree property under article 26 and orders the treasury to commence the payment process.
Mandamus against treasury; Government Proceedings Act s.19 (certificate of order and service); compliance with constitutional appropriation rules (article 154); consent decree as property under article 26; discretionary nature of mandamus; judicial review remedies to enforce fundamental rights.
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31 August 2012 |
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An existing agro‑processor’s capacity‑expanding investment qualifies for the 2008 income‑tax exemption; URA’s restrictive reading rejected.
Tax law – Interpretation of Income Tax (Amendment) (No.2) Act 2008 – agro‑processing exemption; whether capacity‑expanding investment by existing processor qualifies; effect of subsequent narrower amendments; distinction between tax exemption and allowable capital deductions.
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31 August 2012 |
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Defendant precluded from relying on unpleaded lack-of-certification defence; select plaintiffs awarded unpaid contract sums, interest and general damages.
Contract law – unpaid contractual sums – requirement for certificate of completion – failure to plead defence – parties bound by pleadings (Order 6 CPR) – assessment of special and general damages – interest on unpaid contractual sums.
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31 August 2012 |
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Applicant restrained from tax enforcement pending reconciliation and deposit of the outstanding 30% required under a consent order.
Tax law – interim payment of 30% under s.103(2) Income Tax Act as statutory condition for stay of enforcement; consent order enforceability; temporary injunction to maintain status quo pending resolution; reconciliation of refunds offsetting deposit.
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31 August 2012 |
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Temporary injunction granted to protect trademark rights against transit imports pending trial despite customs’ transit obligations.
* Intellectual property – Trademark – Interim injunction – tests: serious question to be tried, irreparable injury, balance of convenience; * Customs obligations – UN Transit Trade convention – interaction with enforcement of trademark rights; * Smuggling risk and protection of goodwill as basis for interim relief.
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29 August 2012 |
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28 August 2012 |
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Court dismissed the summons, cautioned against multiplicity of proceedings and abuse of process, and limited an affidavit's admissibility.
* Civil procedure – preliminary objections – consolidation of applications – whether consolidation appropriate given overlapping applications and prior rulings.
* Civil procedure – pleadings and affidavits – applicant’s capacity to sue; recycling of exhibits/receipts; admissibility of affidavits (affidavit of employee admissible only as to employer-respondent).
* Civil procedure – abuse of process – court’s powers under Section 98 CPA to caution parties and prevent multiplicity of proceedings.
* Case management – avoidance of parallel civil and criminal proceedings and jurisdictional overlap.
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27 August 2012 |
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Affidavit sworn by an advocate lacking authorisation and source disclosure is defective and must be struck out.
Affidavit by counsel — deposing on contentious matters — Order 3 r.1 authorization — disclosure of source of information — inadmissible hearsay — Advocates (Professional Conduct) Regs r.9 — reuse of court-fee receipt — preliminary objection upheld; affidavit rejected.
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27 August 2012 |
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Employer’s delay in paying a certified interim sum was a fundamental breach; retention not payable absent contractual completion.
* Contract law – retention monies – retention payable only on completion and after defects liability period or substitution by bank guarantee; incomplete works disentitle contractor from retention. * Construction contracts – fundamental breach – employer’s failure to pay a certified interim payment within contractual time (84 days) amounts to fundamental breach permitting termination. * Termination – upon employer’s fundamental breach Project Manager should certify value of work and materials (Clause 60); absence of such certificate does not preclude damages for breach. * Remedies – entitlement to general damages, interest and costs where employer delays payment and contract is terminated.
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27 August 2012 |
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Employer’s undertaking to deduct staff loans created deduction‑only liability, not a guarantor’s primary liability.
Contract formation — employer’s written undertaking to make authorised salary deductions; Guarantee v undertaking — employer not a guarantor; Employer liability limited to deduction obligation; Mitigation — lender’s failure to sue borrowers or enforce contractual remedies reduces recoverable damages; Issue of illegality under Money Lenders Act abandoned.
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24 August 2012 |
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24 August 2012 |
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Applicant proved detention of original samples by the state; respondent ordered to return items and pay damages.
Detinue — delivery and retention of original samples by state agents; Government liability in representative capacity; evidential sufficiency and anomalies in delivery proof; copyright registration and presumption of deposit undermining lost-opportunity claims; assessment of damages — refusal of unproven special damages, award of reasonable general damages, interest and costs.
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24 August 2012 |
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Contractual clauses submitting disputes to foreign courts do not oust the constitutional jurisdiction of the Ugandan High Court.
Jurisdiction – exclusive jurisdiction clauses – effect of contractual clauses submitting disputes to foreign courts – constitutional jurisdiction of the Ugandan High Court – privity of contract – third-party proceedings – bills of lading as evidence of contract – procedural requirements for objecting to jurisdiction.
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24 August 2012 |
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Late rejection of disputed medical claims barred defendant’s overpayment counterclaim; audited unpaid invoices awarded with interest.
Contract law – medical provider service agreement – pricing updates and template – requirement to reject disputed claims within 15–30 days; evidence and audit in proving special damages; time-bar of late rejections; counterclaim for overpayment dismissed.
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23 August 2012 |
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Second defendant liable for blast damage; court accepts joint expert valuation and awards damages, interest and costs.
* Tort – Negligence – Damage from blasting – liability of subcontractor for property damage.
* Evidence – Reliance on jointly appointed independent expert/valuer report and oral evidence of consultant.
* Damages – Assessment and award of special and general damages; exemplary damages only in exceptional circumstances.
* Interest and costs – pre- and post-judgment interest rates and award of costs.
* Civil procedure – consent judgment withdrawing one defendant upon settlement.
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21 August 2012 |
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Whether a contractual limitation clause bars full recovery for employer-liability for employee theft; court enforces clause but awards general damages.
Contract law – breach of security services contract; vicarious liability for employee criminal acts connected with employment; enforceability of contractual limitation/exclusion clauses (including for fundamental breach) by construction of the contract; damages – special damages capped by contract, award of general damages, refusal of exemplary damages; duty to insure as contractually advised.
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20 August 2012 |
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Appeal dismissed: diaries not VAT records; exclusion of bank statements procedural; VAT amendments require justification.
Tax appeals – jurisdiction – High Court may conclude appeal partly heard by another judge (O.18 r.11 CPR); TAT appeals limited to questions of law (s.27 TAT Act); VAT records – personal diaries not required accounting records under VAT statute/regulations; Evidence – exclusion of bank statements was procedural and not a question of law; VAT assessments – Commissioner may amend assessments; amended assessments treated as new assessments; amendments require justification (error/fraud) and comply with statutory time limits (s.33(9)-(10)).
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20 August 2012 |
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Judicial review cannot substitute for an appeal to decide validity of a taxpayer's s.99(7) election; application dismissed.
Administrative law — Judicial review — prerogative orders (declaration and prohibition) — supervisory jurisdiction — election under s.99(7) Income Tax Act — ultra vires — distinction between review (decision‑making process) and appeal (substantive rights).
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17 August 2012 |
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Applicant allowed to adduce fresh evidence where witness was unavailable and evidence could alter whether transaction was sale or mortgage.
Civil procedure – Production of additional evidence on appeal (Order 43 r.22) – Tests for reception of fresh evidence (Ladd v Marshall/Karmali) – Evidence Act s.92 and exclusion of oral evidence contradicting written agreement – Whether fresh evidence unavailable at trial, likely to influence outcome, and credible – Witness summons on appeal.
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17 August 2012 |
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Defendant liable for unpaid work and quantum meruit compensation after improperly implementing IGG recommendations; IGG not liable.
Local government – contract termination – IGG recommendations are advisory; liability for termination and compensation rests with the implementing local authority; quantum meruit applies to compensation for services ordered by employer; interest and costs awarded.
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17 August 2012 |
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Claim for bank debits dismissed as res judicata and time‑barred under the six‑year limitation for contract actions.
Civil procedure – Res judicata: former suit between same parties on same cause bars subsequent suit; Contract/Banking law – banker‑customer relationship is contractual; Limitation – six‑year limitation for contract claims; Accrual of cause of action – breach date governs limitation unless fraud or concealment pleaded.
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17 August 2012 |
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An arbitral termination order is not an award; arbitrator must refund a deposit where the fee agreement lacked proper authority.
* Arbitration – Termination order under section 32(2)(c) is not an arbitral award under section 31; not subject to section 34 setting‑aside procedure. * Jurisdiction – High Court may grant relief via inherent and remedial jurisdiction where arbitration statute is silent (Judicature Act ss.33,39(2); Civil Procedure Act s.98). * Fees – Validity of fee agreements depends on authorized representatives; government officers require accounting officer approval for significant expenditures. * Commitment fee vs deposit – a deposit is not necessarily a non‑refundable commitment fee; arbitrator entitled to reasonable fees for actual work done. * Relief – refund of deposit and taxation of fees rather than automatic forfeiture.
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16 August 2012 |
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Court enforces applicant’s 10% retention where substantial performance occurred; jurisdiction and arbitration objections dismissed.
Contract law – Substantial performance doctrine; Payment conditions tied to PAC and supporting documents; Civil procedure – jurisdictional objections must be timely raised; Arbitration clause – stay requires an active reference; Remedies – special damages, nominal damages, interest and costs.
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16 August 2012 |
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An advocate who previously represented an opposing party cannot act in related proceedings against that former client without consent.
Advocates' professional conduct — conflict of interest and client confidentiality — prior representation of opposing party — need for former client's consent before accepting instructions adverse to that client — disqualification from further stage of proceedings (taxation of costs).
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16 August 2012 |
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MOU induced by economic duress (refusal to vacate sites) is voidable, but restitution (Ushs.253,308,223) awarded on quantum meruit.
* Contract law – enforceability of settlement MOUs – effect of economic duress on consent; * Economic duress – refusal to relinquish possession of construction sites and deployment of men as illegitimate pressure vitiating consent; * Restitution/quantum meruit – recovery for work performed where an agreement is voidable; * Interest and costs – interest awarded and costs each party to bear when settlement induced by duress.
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16 August 2012 |
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Court granted urgency certificate for applicant's injunction application; interim relief to be determined by the registrar.
Civil procedure – urgency certificates under s.98 CPA and Court Vacation Rules; registrar's jurisdiction during court vacation; interlocutory injunctions against sale of secured property; costs to abide outcome.
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2 August 2012 |
