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Citation
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Judgment date
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| 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 |
| 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 |
| March 2012 |
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Interlocutory judgment set aside for lack of affidavit of service and failure to publish the plaint with the summons.
Civil procedure – substituted service by publication – Order 9 r5 mandatory affidavit of service – failure renders interlocutory judgment irregular; Order 5 r2 – summons must be accompanied by plaint and prescribed documents in advertisement; Interlocutory judgment – unlawful without proof of service; Contract law – hire/lease payments are liquidated demand.
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25 March 2012 |
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Court overruled state objections and admitted PAC report, annexures, minutes, press clippings and secondary documentary evidence.
Commercial procedure; admissibility of evidence – public documents and parliamentary committee reports; parliamentary privilege (Article 97) limited to MPs/officers; cabinet minutes and annexures in PAC report admissible as public/secondary evidence; res gestae and newspaper clippings admissible to prove publication; witness statements not evidence until verified on oath.
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18 March 2012 |
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A plaint omitting material facts and particulars of alleged misrepresentation fails to disclose a cause of action and is rejected.
Civil procedure – Pleading – Whether plaint discloses cause of action – Mandatory requirement to plead all material facts; Misrepresentation/fraud – particulars required by Order 6 r.3; Letters of credit – documentary attachments do not cure failure to plead why payment was not obtained; Rejection of plaint under Order 7 r.11 for failure to disclose cause of action.
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11 March 2012 |
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Plaintiff failed to prove landlord breached advertising exclusivity; landlord awarded unpaid rent and interest.
Contract – advertising management agreement – interpretation of clauses on existing contracts and reserved/temporary advert spaces; agency obligations – plaintiff’s duty to solicit advertisers and to pay rent; proof of collection by landlord – evidentiary burden; condonation/acquiescence; remedies – rent arrears, pre- and post-judgment interest; procedural – counterclaim form objection overruled.
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1 March 2012 |
| February 2012 |
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Request to restrain enforcement of an autonomous on‑demand bond pending appeal refused; damages deemed adequate remedy.
Civil procedure – Stay of execution – Requirements: likelihood of success on appeal and risk of irreparable prejudice rendering appeal nugatory. Commercial law – Demand/guarantee bonds – autonomy of on‑demand bonds; enforceable according to tenor irrespective of underlying contract. Remedies – Adequacy of damages where loss arises from enforcement of on‑demand bond; insurer not party limits court’s ability to restrain payment.
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29 February 2012 |
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Presentation of a bankruptcy petition by a debtor constitutes an act of bankruptcy and may attract a receiving order despite lack of assets.
Bankruptcy Act – s.2(1)(f) act of bankruptcy by debtor filing petition; s.4 receiving order; s.10 stay of proceedings; ss.43–44 restriction of execution/attachment; Civil Procedure Act s.40(4) – discharge jurisdiction remains with execution court; arrest/detention does not complete execution.
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28 February 2012 |
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Both plaintiff’s claim and defendant’s counterclaim dismissed for failure to strictly prove special damages.
Commercial law – agency under a memorandum of understanding – accounting and remittance obligations; Evidence – burden of proof in civil claims and requirement to strictly prove special damages; Evidence – extraterritorial documents and credibility of conflicting police reports; Forensic handwriting evidence – inconclusive variation; Audit reports – adequacy of source documentation for claims.
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27 February 2012 |
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Carrier held liable for lost cargo; exclusion clause not proved; subcontractor must indemnify; plaintiff awarded US$348,830 plus interest.
• Carriage law – common carrier liability – burden shifts to carrier once delivery and non-delivery proved• Contract law – incorporation of exclusion clauses – notice must be given at contract formation; electronic communications require authentication• Evidence – admissibility/authentication of emails; Electronic Transactions Act 2011 principles applied• Sub-contracting and indemnity – third-party carrier liable under contractual indemnity for loss in its custody• Insurance – asserted policy limits do not automatically limit contractual indemnity absent proof and proper contractual/insurance nexus• Remedies – award of special and general damages, interest, and shared costs (50/50)
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26 February 2012 |
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Court found the defendant company infringed the plaintiff’s business name and registered trademark and ordered injunctions, damages, interest and costs.
Trade marks and business names – trademark infringement – passing off – similarity of name and device – likelihood of confusion; registered trademark advantage over unregistered mark; corporate personality shields director from company liability.
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23 February 2012 |
Banking law — banker-customer relationship — merchant agreement — identity theft — freezing of account — chargeback liability — contractual fraud — credit card fraud — breach of contract — general damages.
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16 February 2012 |
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A judgment against a principal debtor does not automatically preclude a separate suit against guarantors under res judicata.
Civil procedure – res judicata (s.7 CPA) – When a prior judgment bars subsequent suit; Guarantee law – nature of guarantor liability as a separate, secondary obligation; Creditor may sue guarantor independently – demand, notice and construction of guarantee are merits issues; Parties and title – requirement that parties be same or claim under same title for res judicata to apply.
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9 February 2012 |
| January 2012 |
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The applicant was entitled to payment where government agents issued and confirmed supply orders despite later funding halts.
• Limitation law – contract claims – three‑year limitation under section 3; cause of action determined by acknowledgement/forwarding of claim.
• Administrative acts – validity of supply orders issued by government agents despite later internal directives halting procurement.
• Contract/enforcement – third‑party supplier entitlement to payment where supply orders and confirmations are duly endorsed by government officers.
• Remedies – special damages to contract price, disallowance of unproven transport costs, awards of general damages, interest and costs.
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26 January 2012 |
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Application to strike defendant as partner dismissed; procedural rules on business names (Order 30 rules 5,8,10) govern, issues to be tried.
Civil Procedure – Order 30 CPR – suits against persons trading under business names – distinction between partnerships (rule 5) and persons trading under other names (rule 10); abolition of entry of appearance practice renders rule 8(2)(b) inapplicable; misnomer/unregistered business name and factual connection are matters for trial.
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25 January 2012 |
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Court awards US$ 10,000 general damages, finding a personal loan valid and within judicial discretion.
Contract Law – Validity of transactions under Financial Institutions Act – Award of general, exemplary, and punitive damages in breach of contract.
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19 January 2012 |
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Leave to amend plaint granted in part: clarificatory amendments allowed; new causes (special breach claims, mesne profits) disallowed.
Civil procedure — Amendment of pleadings — Leave to amend to reflect withdrawal of co‑defendants and to clarify facts allowed where not introducing new causes or causing prejudice; amendments that introduce new causes (special damages for breach of contract; mesne profits) disallowed — Questions of title and merits to be determined at trial.
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13 January 2012 |
