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Citation
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Judgment date
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| April 2013 |
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Taxation award set aside: instruction fees must be based on amounts pleaded in the plaint, not discounted by the taxing master.
Advocates' remuneration – taxation of costs – subject‑matter value determined from amount claimed in plaint where no judgment; dismissal on limitation = decree; taxing master misdirection for discounting pleaded compensatory loss; remittal to Registrar for recalculation.
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30 April 2013 |
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A security company held vicariously liable for a guard’s theft; standard-form limitation clause rejected for fundamental breach.
Security services contract – burglary and theft – proof of special damages – vicarious liability of security company for guard’s misconduct – standard-form exclusion clause unenforceable for fundamental breach.
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26 April 2013 |
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Defendant breached publishing agreements by failing to account and pay royalties; court estimated and awarded damages, interest and costs.
Publishing contracts – obligation to render semi-annual accounts and pay royalties – failure to account constitutes breach; where defendant withholds accounts, court may estimate damages using available statements; award of interest under Civil Procedure Act s.26(2); costs follow the event under s.27(2).
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26 April 2013 |
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Late reporting, unpaid premium and claiming from the third party without insurer consent defeated the insured's claim.
Insurance law – insured’s burden to prove premium payment – breach of policy conditions by late reporting and failure to prevent further loss – prohibition on claiming from third party without insurer consent – insurer not liable for indemnity.
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26 April 2013 |
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Blanket ministerial ban on reflexology quashed for procedural unfairness and irrationality; individual enforcement allowed.
Administrative law – Judicial review of ministerial directive – public interest powers; natural justice – right to be heard; irrationality/Wednesbury unreasonableness – blanket bans based on limited inspections; regulatory lacuna – absence of specific statute for reflexology; remedies – certiorari and limited prohibition/injunction; proper respondent in judicial review – office, not private person.
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25 April 2013 |
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Defendant failed to prove substantial performance but succeeded on counterclaim for breach, awarded damages, interest, return of books, and costs.
Contract law – substantial performance – burden of proof under Evidence Act; breach by prevention (locking out) – remedies; special and general damages; interest as discretionary remedy; return of property; costs awarded to counterclaimant.
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24 April 2013 |
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A court will not stay its proceedings because of a different matter pending before another judge of equal jurisdiction.
Civil procedure — stay of proceedings — whether one judge may stay proceedings pending a contempt application before another judge of equal jurisdiction — distinction from cases where same judge issued earlier order — applicability of Wildlife Lodges v County Council of Norok.
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24 April 2013 |
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Buyer’s written admissions and invoices proved indebtedness; judgment for US$29,555, damages, interest and costs awarded.
Sale of Goods Act – seller’s action for price; Evidence Act s.57 – admissions by party; assessment of damages and rates of pre- and post-judgment interest; procedural reinstatement and ex parte proceedings.
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23 April 2013 |
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Bank not liable for employee’s independent fraud; employee liable and criminal compensation governs civil recovery.
Banking law – banker–customer contract — written overdraft facility governs; parol evidence rule excludes contradictory oral 'investment' terms. Investment advice — Capital Markets Authority Act limits who may lawfully give investment-advice in securities; no proven lawful advisory role by bank. Vicarious liability — employer not liable where employee’s fraud lies outside scope of agency/authority. Criminal compensation orders — magistrate’s compensation taken into account in subsequent civil proceedings; employee held primarily liable to refund customer. Remedies — award against employee, release of unsold property, compensation for sold assets, costs against employee.
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19 April 2013 |
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Judicial review cannot substitute for an appeal where the regulatory authority acted within statutory powers and followed fair process.
Administrative law – judicial review limited to illegality, irrationality (Wednesbury) and procedural impropriety – Regulatory authority’s decision under statutory complaint-handling powers – Distinction between merits appeal and supervisory review – Existence but non-operation of statutory appeals tribunal.
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18 April 2013 |
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Court granted security for costs where the respondent company appeared assetless and possibly a shell, and the application was timely.
Companies Act s.404 – security for costs – court’s discretion to order security where plaintiff company appears unable to pay defendant’s costs. Civil Procedure Rules O.12 r.3(1) – time limits for interlocutory applications. Interlocutory applications – case management tool; should not determine merits of main suit. Factors: plaintiff’s inability to pay, risk of sham/shell company, prior related litigation, potential abuse of process. Estoppel/scheduling memorandum – no estoppel absent detriment from reliance.
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18 April 2013 |
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Winding up ordered where minority shareholder oppressed and company inactive after sale of sole asset; official receiver appointed.
Company law – Section 211(1) – minority shareholder oppression and appropriate remedies (winding up v buyout) Company law – Section 164 – Registrar’s investigation into company affairs and statutory filings Company law – Section 234 – appointment of Official Receiver for winding up Remedies – when winding up is preferable where company inactive and sole asset sold
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15 April 2013 |
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Anton Piller order granted where trademark owner showed strong prima facie infringement, serious loss, and risk of evidence destruction.
Intellectual Property – Trademark infringement – Anton Piller order (ex parte inspection and limited seizure) – Preconditions: extremely strong prima facie case; serious damage; real risk of destruction or disposal of incriminating items. Relief granted limited to inspection, inventory and removal of samples; not a search warrant; entry requires defendant’s permission.
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12 April 2013 |
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Negligence or implausible conduct by counsel does not ordinarily constitute sufficient cause to reinstate a dismissed appeal.
Civil procedure – reinstatement of dismissed appeal – sufficiency of cause for non-appearance – negligence or dilatory conduct of counsel not ordinarily sufficient – credibility of substitute counsel’s excuse (attending wrong court) – costs awarded.
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11 April 2013 |
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Failure to attach the Registrar's decision and taxation certificate renders an appeal against a taxation incompetent and dismissible.
Advocates Act s.62; Advocates (Taxation of Costs) Appeals and References Regulations reg.3 — requirement to attach decision/order and taxation certificate when appealing Registrar's taxation; failure to attach is jurisdictional and renders appeal incompetent.
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11 April 2013 |
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Claim based on an implied contract against the government was dismissed as time‑barred under the three‑year limitation period.
Limitation of actions – s.3(2) Civil Procedure and Limitation (Misc. Provisions) Act – action founded on contract – implied contract from conduct; cause of action and accrual date; policy directive versus contractual basis; statutory notice does not commence suit; exceptions to limitation (fraud, mistake, disability) must be pleaded to extend time.
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10 April 2013 |
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Default judgment upheld: service on corporate secretary valid and applicant failed to prove grounds to set it aside.
Civil procedure – setting aside default judgment – service on corporate secretary under O.29 r.2; Taxation – advocate-client bill taxed by certificate and consent; Stay of execution – O.43 r.4(3) requirements (substantial loss, delay, security); Leave to appear and defend – need for bona fide, particularized defence (Kotecha test).
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5 April 2013 |
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Bank not liable where a depositor’s authorised principal signatory surrendered a fixed deposit and cheques were reasonably verified and honoured.
Banking law – fixed deposits – interpretation of deposit receipt conditions and whether early transfer to depositor’s current account breaches non-transferability clause. Banking law – mandate and authority – effect of principal signatory’s mandate on cheque payments. Negligence – standard of care of banker – reasonable banker test versus forensic handwriting analysis. Remedies – liability for fraud by a customer’s own officer and appropriate defendant for loss.
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5 April 2013 |
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Interlocutory freezing orders granted to preserve assets pending a US$3.6M civil claim, relying on prior criminal conviction nexus.
Commercial law — attachment before judgment — Order 40 rr.5–6 — interlocutory preservation of assets where risk of disposal — nexus to prior criminal conviction — caveats and provisional restraint pending main suit.
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3 April 2013 |
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Court upheld Taxing Officer's principled discretion but reduced the respondent's instruction fees to Shs5,000,000,000 for consistency.
Taxation of costs – appellate review – interference only for error in principle, misdirection or failure of justice. Taxation of costs – discretion to depart from tariff where case is exceptional – representative action affecting an industry. Advocates (Taxation of Costs) (Appeals and References) Regulations – consistency and reasoned exercise of discretion in awarding instruction fees. Quantum – use of percentage of subject-matter value (8%–9% preferred to 10% in consistency with precedent).
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2 April 2013 |
