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Citation
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Judgment date
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| February 2013 |
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Arbitral award set aside for counsel's negligence and arbitrator's unjust, duplicated and excessive awards.
Arbitration Act s34 — setting aside arbitral award; service on advocate (s8; Order 3 r4); mistake/negligence of counsel and litigant relief; requirement to give reasons (s31(6)); s28(4) justice and fairness; duplication of decretal award; excessive general damages and interest; appointment under s11.
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22 February 2013 |
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Service on the applicant’s receptionist was ineffective; execution stayed and default judgment set aside.
Civil procedure – Service of process – Service on a company’s receptionist is not effective service; agent must be duly authorised – Setting aside judgment obtained by defective service – Stay of execution – Kisule test (irreparable harm, promptness, security).
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22 February 2013 |
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A prima facie copyright infringement and risk of irreparable harm justified a temporary injunction pending trial.
Copyright – alleged unauthorised retransmission of free-to-air TV signal – whether retransmission constitutes copyright infringement or lawful carriage/authorisation. Interim relief – test for temporary injunction: prima facie case, irreparable harm, balance of convenience. Communications regulation – interplay between Copyright Act and Uganda Communications Act/UCC in disputes over TV carriage and alleged unfair competition. Evidential conflicts over authorisation and remuneration create triable issues warranting interlocutory relief.
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22 February 2013 |
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Application to set aside arbitral award dismissed as time‑barred; Section 34(3) governs limitation, not Rule 7.
Arbitration — setting aside award — limitation: Section 34(3) one‑month period governs; Arbitration Rules (Rule 7) cannot override substantive statutory time limits; substituted arbitrator (s.15(2)) — requirement to restart proceedings; waiver by participation — participation in taxation may amount to waiver; service of filing and receivership notification — procedural service issues.
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20 February 2013 |
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A one-day late appeal under Advocates Act s.62(1) is not automatically incompetent; court may allow it to proceed on merits.
Advocates Act s.62(1) — time for appeal — directory vs mandatory; enlargement of time — Judicature Act s.33 and Civil Procedure Act s.96; Supreme Court guidance treating time limits as directory; distinction of longer delays from minimal delays.
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20 February 2013 |
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Court dismissed challenge to arbitral award: no proven bias, no excess of mandate, and award complied with Act.
Arbitration — Setting aside arbitral award — Evident partiality — Requirement to prove corruption, fraud or bias likely to affect decision. Arbitration — Jurisdiction and scope — Whether arbitrator decided matters beyond terms of reference; court may consider award, pleadings and agreement. Arbitration — Law applicable and trade usage — Arbitrator to apply contract terms and proven trade usages; trade usage must be pleaded and proved.
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20 February 2013 |
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Court upheld distress order but ordered return of items not covered and directed trial to resolve rent and improvement disputes.
Distress for rent – ex parte orders under Section 2 Distress for Rents (Bailiffs’) Act and Order 52 CPR; landlord’s common-law right to distrain goods on premises; set-off for tenant’s improvements – substantive issue for trial; items not covered by distress must be returned; Order 22 CPR inapplicable to distress for rent.
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19 February 2013 |
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Application to set aside arbitral award dismissed: arbitrator entitled to withhold award for unpaid fees; no error or public policy breach.
Arbitration — Delivery of award — s.31(8) Arbitration and Conciliation Act — arbitrator’s lien for unpaid fees; Arbitration — Fees — party remedy to challenge excessive fees (court application under Act); Evidence — Use of valuations — reliance on qualified project quantity surveyor’s measurements; Public policy — illegality alleged but tribunal did not base award on unregistered surveyor’s valuation, so public policy ground fails.
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19 February 2013 |
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Contractual interest (not compound) is the sole remedy for late payments; outstanding sums to be quantified by court‑appointed auditor.
Construction contract – clause 43.1 – interest on late payments payable from 28 days after each certificate at commercial borrowing rates; interpretation excludes compound interest; quantification of accrued interest and apportionment between interest and principal referred to an official referee/auditor under section 27(c) of the Judicature Act; claim for separate general damages for delay disallowed where contract prescribes interest; costs awarded to plaintiff.
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15 February 2013 |
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Temporary injunction granted to preserve mortgaged property pending trial where triable issues exist over loan disbursement and mortgage enforceability.
• Civil procedure – interlocutory injunction – criteria: prima facie case/triable issues, irreparable injury, balance of convenience. • Banking and security law – enforcement of mortgage only to extent of indebtedness actually advanced; dispute over disbursement of loan and enforceability of mortgage. • Equitable principle – clean hands and alleged diversion of funds; insufficiency of affidavit evidence to impugn honesty at interlocutory stage.
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8 February 2013 |
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Court adopted jointly commissioned forced-sale valuation and awarded compensation less outstanding loan and interest.
Valuation of property; validity and effect of jointly commissioned valuation under Judicature Act s.27; pleading and proof of special damages; forced-sale valuation where borrower defaults; evaluation of conflicting expert reports.
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8 February 2013 |
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Partial allowance of taxation appeal: several instruction‑fee awards set aside and remitted for reassessment; no order as to costs.
Advocates’ remuneration – Sixth Schedule, rule 1(a)(iv) v. 1(a)(v) – instruction fees where value ascertainable from pleadings/judgment; taxation – interlocutory v final dismissal; reassessment and remit where valuation or principle misapplied.
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8 February 2013 |
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Plaintiff proved USD116,360 in company expenses; monthly salary claim failed for lack of employment contract; damages, interest and costs awarded.
Commercial law – shareholder/director advancing funds to company after restructuring – proof of special damages by receipts and bank remittances; absence of employment contract precludes claimed salary; awards of interest and costs.
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5 February 2013 |
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Plaintiff awarded Shs 335,456,300 on quantum meruit for preliminary works after defendant failed to certify and pay.
Contract law – performance bond as condition precedent – compliance conceded; Contract performance – preliminary works and mobilisation – valuation and quantum meruit; Breach – employer’s failure to certify and pay; Remedies – special damages, interest at commercial rate, general damages and costs.
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4 February 2013 |
