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Citation
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Judgment date
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| December 2013 |
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A contract variation does not override a payment-by-certificate regime; recovery is limited to amounts certified unless dispute procedure is pursued.
Contract law – construction contract – variation approved by employer authority – payment governed by Project Manager’s certificates – final certificate binding – contractual dispute resolution (adjudication) required – VAT entitlement – assessment of special and general damages and interest.
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19 December 2013 |
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An expert report under a consent order is binding; the applicant awarded contractual and general damages.
* Civil procedure – Consent order – Binding effect of an expert determination agreed by parties and made the subject of a consent order; adoption of expert report as basis for judgment.
* Evidence – Burden on counterclaimant to prove reduction in construction costs; absence of evidence defeats counterclaim.
* Damages – Compensation for breach of contract: general damages awarded for deprivation of contractual monies for several years.
* Interest – Discretionary award; court may refuse contractual high rate and award court rate from filing until payment.
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19 December 2013 |
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Application to set aside judgment denied: applicant found served, participated, and liable as loan guarantor.
Civil procedure – application to set aside judgment under S.98/Civil Procedure Act and O.36 r11, O.52 r1&3 – service of process; evidence of participation in proceedings; law of guarantees – effect of guarantor’s signature and liability; credibility of affidavit evidence; whether to grant leave to appear and defend.
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18 December 2013 |
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Originating summons dismissed where factual disputes and enforceability issues require trial, not summary determination.
Civil procedure – Originating summons (Order 37) – inappropriate where disputed questions of fact and enforceability exist; distinction between construction of instrument and factual disputes; Order 37 r.6, r.8 & r.11; necessity of ordinary suit for contested factual issues.
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18 December 2013 |
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Whether only ten vehicles were procured and liability for unfair procurement; modest damages, interest and costs awarded.
Public procurement – formation of contract under PPDA Act and Regulations – provisional letter of bid acceptance; Administrative oversight – PPDA investigative report admissible and establishes unfair or discriminatory procurement practices; Remedies – assessment of damages requires adequate proof of loss; Interest and costs – court discretion under Civil Procedure Act.
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12 December 2013 |
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Plaintiff proved UGX 80,800,000 in written loans; SACCO held vicariously liable and ordered to pay principal plus 6% interest.
Contract and credit – Written loan acknowledgements – Proof of indebtedness – Vicarious liability – Acts of general manager binding the SACCO – Allegations of fraud and unconscionable interest require strict proof – Remedies: principal, interest and costs.
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12 December 2013 |
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Ex parte judgment set aside where substituted newspaper service was ineffective as defendant was abroad; leave to defend granted.
Civil Procedure – Order 9 r.12 – Setting aside ex parte judgment – Court’s unfettered discretion; Substituted service – Publication in newspaper – Effectiveness where defendant absent abroad; Service on corporate defendant – notice via officer; Default judgment – Prima facie defence and promptness; Taxation of costs – challenge and effect when judgment set aside.
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10 December 2013 |
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Applicant failed to show bona fide triable issues; leave to defend summary suit dismissed and liquidated claim upheld.
Summary procedure – leave to appear and defend – requirement to show bona fide triable issue; Mortgage law – invalidity of security does not negate underlying indebtedness on loan instruments; Fraud – substantive particulars required to raise triable issue; Illiterates Protection Act – mandatory verification where illiteracy alleged; Effect of prior sworn admission (bankruptcy petition) on ability to defend liquidated claim.
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6 December 2013 |
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Carrier liable for stolen cargo where foreign terms were not shown and failure to insure did not excuse negligence.
* Carriage of goods – notice of standard trading conditions – exclusion clauses and foreign company terms are not binding unless brought to the customer's attention and incorporated into the contract.
* Contract formation – identity of contracting party – admitted contract with local carrier precludes reliance on sister-company terms absent proof of agency and incorporation.
* Bailment and carriage – onus on carrier to show exercise of reasonable diligence to safeguard goods; theft in custody prima facie imposes liability unless rebutted.
* Insurance – optional and for the insured’s benefit; failure to insure is not a defence to liability for negligent loss.
* Damages – measure for non-delivery is replacement value at place and time of delivery; reasonable loss of use may be awarded; interest and costs follow judgment.
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6 December 2013 |
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Execution against directors permitted where they control the judgment debtor and no company assets can be found.
* Company law – corporate veil – execution against directors where company has no attachable assets and directors control company affairs.
* Civil Procedure – service on corporation – Order 29(2) CPR – service and execution on directors.
* Execution – propriety of executing against non-party directors where they represent the company’s mind and conceal assets.
* Procedural remedies – challenge to execution order by non-party directors; dismissal where application unexplained and unopposed.
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4 December 2013 |
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Vendor who sold land to a third party must refund purchase price and pay contracted interest and damages for deceit.
Contract – sale of land – vendor’s failure to deliver title and transfer to third party; restitution and unjust enrichment; enforceability of high contractual interest under s.26 CPA; proof of special damages; aggravated/general damages for deceitful conduct; post-judgment interest and costs.
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3 December 2013 |
| November 2013 |
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Arbitral award upheld: arbitrator lawfully decided replacement-of-experts issue; challenge dismissed with costs.
Arbitration — scope of reference — setting aside award under s34(2)(a)(iv) for matters beyond reference; pleadings and joint scheduling memorandum define arbitrator’s jurisdiction; Civil Procedure Rules — Order 3 r1 (advocate’s competence to depose affidavits) and Order 19 r3(1) (means of knowledge and severability); duty to raise jurisdictional objections during arbitration (s16(3)).
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29 November 2013 |
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A jointly commissioned forensic report on signatures is admissible as factual findings under section 27 but does not finally determine the suit.
Company law – share transfer – allegation of forged transfer – forensic handwriting reference – trial by referee under Judicature Act section 27 – referees as officers of court (s28) – expert factual findings admissible but do not necessarily dispose of all legal issues – remaining issues to be heard by court.
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25 November 2013 |
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Preliminary res judicata and no-cause-of-action objections cannot be decided without evidence; objections overruled pending trial.
Civil procedure – preliminary objections – res judicata – section 7 Civil Procedure Act – requirement that matter be directly and substantially in issue and finally decided; Cause of action – Order 7 r.11 – plaint alone to be considered; Points of law based on disputed facts require evidence and should await trial; Consent judgment may be res judicata if earlier proceedings clearly decide same issue, but not where record does not show determination.
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22 November 2013 |
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Exclusive English‑jurisdiction clause in incorporated standard terms ousts Uganda hearing; suit dismissed for lack of jurisdiction.
Commercial law – carriage of goods – incorporation of standard trading conditions – exclusive jurisdiction clause (English courts) – preliminary objection on jurisdiction upheld; time‑bar clause not determined.
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15 November 2013 |
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An arbitration clause survives contract expiry and mandates referral to arbitration unless statutory grounds for refusal exist.
* Arbitration – Mandatory referral under section 5(1) of the Arbitration and Conciliation Act – Court must refer unless arbitration agreement null, inoperative, incapable of performance, or no dispute.
* Separability doctrine – Arbitration clause distinct and enforceable despite expiry or alleged invalidity of main contract.
* Waiver – Filing a defence and counterclaim does not necessarily waive right to refer to arbitration; application may follow filing of defence.
* Trade usage/custom – Not a ground to displace mandatory referral under section 5; court's discretion limited to statutory grounds.
* Procedure – Once referred, court proceedings collapse; arbitral tribunal decides substantive issues and costs; court retains supervisory jurisdiction under the Act.
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14 November 2013 |
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High Court properly taxes advocate-client fees; taxing master erred by omitting items and miscalculating VAT, taxation set aside.
Advocate-client costs – Taxation venue and scale – Rule 109(3) places advocate remuneration taxation in High Court under Advocates (Remuneration & Taxation of Costs) Rules; Taxing master must follow Schedule VI; VAT payable on professional (instruction) fees not on disbursements; appellate interference only for error in principle or exceptional cases; omission of items from instruction fee is error requiring set aside and fresh taxation.
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14 November 2013 |
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Vehicle valuation may be set off against decretal sum under a varied consent judgment; unpaid balance remains payable.
* Civil procedure – Consent judgments – limited grounds for variation or rescission (fraud, collusion, mistake); review allowed where material facts warrant it (s.82 CPA; Order 46 CPR). * Set-off – valuation of disputed specific property may be applied as set-off against a decretal sum under a consent judgment. * Restitution – depreciation and hire claims require pleading to be awarded.
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12 November 2013 |
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A director may be sued personally for alleged professional negligence or fraud without a prior court order lifting the corporate veil.
Company law – corporate veil – Order 38 CPR applies to company matters under Companies Act, not ordinary third‑party tort/contract claims; Civil procedure – competence of suit against director without prior lifting of veil; Company officers – personal liability for negligence/default – Companies Act ss.206, 405 (indemnity and relief); Professional negligence – duty of care, foreseeability and proximity (Hedley Byrne principles); Surveyors Registration Act – registration and practising certificate apply to natural persons; integrity of professional responsibility.
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8 November 2013 |
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Rule 11’s 30-day period for the Attorney General to file a defence is constitutional; defence filed within 30 days was timely.
Government Proceedings Rules — Rule 11 (30-day defence period) — constitutional validity; Order VIII r1(2) (15 days) — procedural disparity justified by practical necessities of defending the State; default judgment — inadmissible where defence filed within Rule 11 period; equality under the Constitution — contextual and may require equality of outcome.
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5 November 2013 |
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Sale by mortgagee delivered transfer forms; purchaser refunded, awarded expenses, interest and costs; breach and general damages denied.
Contract — Interpretation of sale agreement between mortgagee-vendor and purchaser; Mortgage law — power of mortgagee to sell; Registration of Titles Act s59 — conclusive effect of certificate of title; Effect of refund "without prejudice" — discharge of sale as to consideration but preservation of other claims; Damages — recoverability of consequential outlays versus brokerage and general damages; Interest and costs awarded.
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1 November 2013 |
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An appeal was dismissed because the originating chamber summons was served after the 21‑day period without timely extension application.
Civil procedure – originating chamber summons under Advocates (Taxation of Costs) Regulations – service within 21 days under Order V rule 1 – failure to apply for extension within 15 days renders summons expired and appeal incompetent; Taxation – interlocutory costs may be taxed but taxation before final disposal is practice, not per se illegality; Clerical/mathematical errors in taxation are correctable by taxing officer or under s.99 Civil Procedure Act; Requirements for certified copies and competent affidavits relevant but procedural nullity was dispositive.
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1 November 2013 |
| October 2013 |
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Performance bond payable on demand; defendant failed to prove fraud vitiating the bond, so insurer must pay US$489,650 plus interest and costs.
Performance bond – payable on first written demand – bank/insurer must pay unless clear fraud by beneficiary is proved and known to payor; fraud exception strictly applied; PPDA findings of procurement irregularities are not necessarily fraud; vicarious liability of principal for agent’s fraud depends on proof and whether principal benefited; remedies include payment of bond, interest and costs.
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25 October 2013 |
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Application for leave to defend summary debt claim dismissed; penal interest clause, defaults and no triable defence established.
* Civil procedure – Summary judgment – leave to appear and defend – requirements for showing reasonable grounds and triable issues.
* Contract law – Loan facility – enforcement of penal interest clause and recalculation of interest.
* Evidence – default notices and Mortgage Act notice as establishing indebtedness.
* Force majeure and commercial misfortune not a defence to contractual repayment absent express provision.
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24 October 2013 |
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Applicant failed to prove irreparable harm; injunction to restrain respondent from website/domain control was denied.
• Injunctions – temporary injunction – preservation of status quo; • Requirement of irreparable harm and prima facie case for injunctive relief; • Balance of convenience where doubt exists; • Corporate authority – sanction of suit by Board of Trustees evidenced by minutes and resolutions; • Evidentiary burden regarding ownership/registration of domain names and websites.
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24 October 2013 |
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Once leave to defend is granted, a summary suit proceeds as an ordinary suit and reserved claims (e.g. general damages) may be tried.
Civil procedure — Order 36 (summary procedure) — scope of claims under Order 36 rule 2; unliquidated/general damages excluded from summary relief; effect of granting leave to defend — conversion to ordinary suit; remedy for irregular specially endorsed plaint is to treat as ordinary plaint and grant leave; court powers under Order 36 rules 8 and 10 to give directions on pleadings, issues and trial.
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18 October 2013 |
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A registrar lacks jurisdiction to extend the Advocates Act’s statutory 30‑day appeal period; appeal dismissed as time‑barred.
* Advocates Act s.62(1) – statutory 30‑day appeal period – courts/registrars lack inherent jurisdiction to extend time absent enabling statute or rule. * Civil Procedure Act s.96 – enlargement of time applies to periods fixed by the court, not to statutory limitation periods. * Precedent – Makula International remains authoritative on inability to enlarge statutory time limits; Sitenda Sebalu distinguished.
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18 October 2013 |
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A consent judgment referring accounts to auditors was binding and resolved receivership and account issues, precluding further trial on those matters.
Consent judgment – entered by registrar under Order 50 r.2 – parties’ agreement – reference to auditors – section 27(c) Judicature Act – auditors’ final report binding – lifting of receivership and return/holding of titles – estoppel/contractual effect of consent orders – res judicata (no subsequent suit) – functus officio (not engaged) – execution and enforcement matters fall to Executions and Bailiffs Department.
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11 October 2013 |
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Court held the 24 July 2003 mortgage and lease invalid, ordered cancellation, reconciled accounts and awarded damages and costs.
Property law – mortgage and lease irregular registration – allegations of forgery and photocopy manipulation – forensic reports – validity/enforceability of instruments; Contract/delivery – termination of dealership – notice and damages in lieu of notice; Accountancy – court-appointed audit for reconciliation – counterclaim recovery; Remedies – declarations, cancellation of registered instruments, monetary awards, interest and costs.
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4 October 2013 |
| September 2013 |
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Audit under s.27 Judicature Act established only UGX 26,885,000 was disbursed; respondent breached loan agreement but applicant remains partly indebted.
Commercial law – loan and mortgage – section 27 Judicature Act reference to independent auditor – auditors' factual findings adopted by court; banker–customer duties – disclosure of account statements; breach for non-disbursement of approved loan; remedies: declarations, damages, interest; exemplary damages and permanent injunction refused.
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27 September 2013 |
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Taxing Master erred in principle by failing to apply taxation rules; bill set aside and referred for fresh taxation.
* Taxation of costs – Advocate/Client bill – Whether items claimed are covered by instruction fees or separately taxable under Advocates (Remuneration and Taxation of Costs) Regulations – proper exercise of taxing officer’s judicial discretion. * Procedural – duplication of issues decided in an earlier appeal and application of prior judgment. * Remedy – setting aside taxation award and referral for fresh taxation where errors of principle shown.
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16 September 2013 |
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The applicant failed to prove recoverable sums after breach; the director not personally liable absent proved fraud or veil‑lifting.
• Contract law – aircraft rental agreement; admissibility and effect of written lease (28 May 2008).
• Corporate law – limited liability and lifting the corporate veil; director not personally liable absent pleaded and proved sham or fraud.
• Evidence – admission of documents, burden of proof for special damages and money had and received; requirements under Stamps Act considered.
• Remedies – termination clause (clause L(2)) governs repayment on termination; specific performance refused where no enforceable entitlement proved.
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13 September 2013 |
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Plaintiff proved credit sales and recovered US$105,601; defendant’s counterclaim for alleged advance payments was dismissed.
Civil contract — terms: advance payments versus credit established by conduct; invoices are not proof of payment; burden of proof on party asserting payment; late-produced receipts and documents attract suspicion; amendment of counterclaim requires prescribed fees or court order to validate; damages and interest for unpaid goods; scheduling conference fixes trial issues.
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10 September 2013 |
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Taxing Master erred; Advocate/Client bill set aside and referred for re-taxation under Sixth Schedule with apportionment of instruction fees.
Advocates’ costs — Taxation of Advocate/Client bill — Application of Advocates (Remuneration and Taxation of Costs) Regulations (Sixth Schedule) — Instruction fees increased by one-third — Apportionment of instruction fees where more than one counsel — Taxing Master must exercise discretion judicially and give reasoned findings.
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6 September 2013 |
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An equitable mortgage was validly created; mortgagor and guarantor ordered to pay the determined sum or face foreclosure.
Equitable mortgage – creation by deposit of title deeds and intent – Registration of Titles Act s.129; Mortgage Act/Cap.229 s.8 – court to determine amount due and fix period to pay; withdrawal/caveat – effect of late caveat and lack of notice to mortgagee; formalities – stricter requirements apply to legal, not equitable, mortgages; foreclosure remedy reserved on default.
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3 September 2013 |
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Impugned April 2013 board resolutions invalid for lack of quorum and because disqualification provision is not retrospective.
Company law – Articles of Association – Interpretation of "becomes" as prospective, not retrospective; Directors – quorum requirement under Articles 33(c) and Table A – invalidity of resolutions passed without required quorum; Corporate remedies – court cannot compel sale of a shareholder’s shares in absence of lawful basis given constitutional property protections; Commercial dispute resolution – court promotes reconciliation and orders independent audit.
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3 September 2013 |
| August 2013 |
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Registrar breached the applicant's right to be heard; instruction fees must be calculated per the Sixth Schedule when value is ascertainable.
* Civil procedure – Taxation of costs – Advocates (Remuneration and Taxation of Costs) Rules (Sixth Schedule) – Item 1(a)(iv) mandatory calculation where subject matter ascertainable; taxing master’s discretion limited to specific statutory certificates. * Constitutional law – Right to fair hearing (Article 28) – party entitled to be heard on remitted taxation issues; ex parte recalculation without notice invalid. * Taxation – refunds only where overpayment established on proper reassessment. * Interpretation – prior authorities based on revoked or different rules distinguishable; rules to be applied literally where clear.
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30 August 2013 |
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Respondent’s defence and counterclaim struck out for non-payment of fees and disobedience; default judgment entered despite timely filing.
Civil procedure – computation of time – day of service excluded when computing prescribed days; filing effected by registry receipt, sealing and dating – court fees – alteration/reuse of receipt and non-payment – disobedience of peremptory court order – striking out pleadings and default judgment.
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27 August 2013 |
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Preliminary objection that defendant complied with later court orders was premature; factual disputes required full hearing and evidence.
Civil procedure — preliminary points of law — Order 6 r.28–29 CPR — point of law should be decided only where facts relevant to it are clear and undisputed; otherwise evidence required. Customs control — impounding of imported goods — need to establish lawful basis for seizure prior to any interim order. Interlocutory orders in related proceedings may affect subsequent suits; factual chronology and final orders must be clarified before dismissing on point of law. Contempt/compliance — party served with order must comply, but applicability depends on timing and scope of order.
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7 August 2013 |
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Respondent’s blanket suspension of the transaction-value customs method was ultra vires; applicant awarded reassessment, refund, damages and costs.
Administrative law – ultra vires act: Commissioner’s directive suspending statutory valuation method unlawful; Customs valuation – primacy of transaction value and sequential application under s122 and Fourth Schedule (EACCMA); Fallback method permissible only where conditions met; Remedies – reassessment, refund with interest, aggravated damages and costs.
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7 August 2013 |
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A claimant cannot recover commission or quantum meruit for services tainted by illegality in influencing public procurement; suit dismissed.
Contract law – commission agreements – sufficiency of evidence for oral commission agreements; Public procurement and anti‑corruption – undue influence, gifts to procurement officials, illegality renders contract unenforceable; Quantum meruit – illegality bars restitution.
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5 August 2013 |
| July 2013 |
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Court stayed a contested termination-for-convenience and enjoined appointment of replacement consultant to preserve arbitration rights.
Arbitration Act s.6 — interim measures before arbitration; interim injunction principles (American Cyanamid) applied; termination-for-convenience clauses — subject to implied duty of good faith and fair dealing; preservation of arbitral hearing and prevention of rendering arbitration nugatory; limited stay of termination and prohibition on appointing replacement consultant.
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31 July 2013 |
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Informer received the correct 10% on recovered tax; additional claims and damages dismissed.
Informer rewards – entitlement limited to tax actually recovered from audited period; PPDA Regulations do not apply to informer awards; timing reasonable given URA procedures and taxpayer instalments; post‑dated cheques presented but dishonoured; travel and punitive damages not recoverable.
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27 July 2013 |
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Court dismissed plaintiff’s claim, holding loan/debenture, receivership and sale valid despite name discrepancies.
Property/Commercial law – company name misdescription and locus to sue; loan and facility agreements – enforceability despite foreign borrower issues; estoppel and admissions; validity of debenture and mortgage; Turquand/indoor management rule; receivership powers and sale under debenture; caveat removal – adequacy of notice.
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16 July 2013 |
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Interim stay preserved garnishee order nisi; maintaining debit restrictions was lawful, not contempt; application dismissed with costs.
Contempt of court – Interpretation of interim stay of garnishee proceedings; Effect of garnishee order nisi – creates charge/freeze on funds; Status quo doctrine – interim orders preserve existing attachments; Bank duties – maintain debit restrictions until garnishee order discharged or set aside; Relief – committal and sanctions require established disobedience.
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11 July 2013 |
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Default judgment set aside for ineffective service; applicant granted unconditional leave to defend due to bona fide triable issues.
* Civil procedure – Order 36 r.11 CPR – Setting aside default judgment – Effective service required to produce intended awareness of suit; defective affidavit of service vitiates default judgment. * Corporations – Service on a company – compliance with Order 29 r.2 and identification of officer served. * Summary judgment/summary procedure – leave to defend granted where bona fide triable issues and plausible defence raised. * Procedural irregularities (annexures, extraction date of decree) may be curable and not necessarily fatal.
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11 July 2013 |
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An advocate holding out under a deceased sole proprietor’s business name may be personally liable for unremitted client funds.
Commercial/agency agreement; Business Names Registration Act — liability where business continues under deceased sole proprietor’s name; estoppel from holding out; advocates’ personal liability and vicarious liability for staff; audit evidence as proof of unremitted client funds; counterclaim for taxed costs recoverable by execution, not counterclaim.
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5 July 2013 |
| June 2013 |
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Donor‑funded project assets embodied in corporate shares required valuation; shares partly held in trust for the programme, not immediate cash award.
Microfinance/project transformation – donor‑funded assets and shares – resulting/implied trust; legal v beneficial ownership of shares; need for professional valuation to determine compensable interest; public‑interest litigation; remedial accounting.
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28 June 2013 |
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Applicant entitled to foreclose and sell mortgaged land after respondent's default and unproven repayment claim.
* Mortgage law – Foreclosure – Right of mortgagee to foreclose where mortgagor breaches covenant to pay – O.37 r.4 CPR; s.8(1) Mortgage Act. * Evidence – Burden to prove alleged repayments – receipts/ledger entries required. * Remedy – Foreclosure, sale of mortgaged property, vacant possession and costs.
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27 June 2013 |
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Court ordered a company meeting under s135 to protect a 51% shareholder’s interests pending resolution of director-removal disputes.
Companies Act s135 – court-ordered meeting where Articles’ procedures impracticable; temporary injunction vs majority-shareholder rights; corporate governance – removal of director; validity of removal as bank signatory; Civil Procedure Act s98 – ancillary powers to organise meeting.
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24 June 2013 |
