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Citation
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Judgment date
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| December 2014 |
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Leave granted to join a contracted service provider as third party where the contract and disputed media materials form same cause of action.
* Civil procedure – Third party notice – Order 1 Rule 14 – Leave to join third party where defendant claims contribution or indemnity – requirement that subject matter and cause of action between defendant and third party be same as in main suit; contractual basis for indemnity/contribution.
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22 December 2014 |
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Preliminary objections on misnomer, value, filing fees and cause of action were overruled; misnomer to be amended and matter to proceed to trial.
Civil procedure – preliminary objections – misnomer vs non-existent party – misnomer curable by amendment; requirement to state value of subject matter in plaint; filing fees and endorsement – proof of payment by receipt/stamp; cause of action and alleged illegality – triable issues not resolvable on preliminary objection (Mukisa Biscuit test).
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18 December 2014 |
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Torrens registration negates Bain v Fothergill defence; plaintiff awarded plan costs, UGX 700m damages and interest.
Land law; Torrens registration and conclusiveness of title; applicability of Bain v Fothergill to registered land; measure of damages for breach of contract for sale/lease of land (loss of bargain and lost profits); assessment and periods/rates of interest on refunded monies and damages.
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18 December 2014 |
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Licence reinstated; unlawful suspensions found; aggravated and general damages awarded with interest and costs.
Customs law – Suspension and licensing of clearing agents under S.145(3) EACCMA 2004 – Lawful suspension for misclassification; unlawful suspension where URA records are unreliable, validated or non-existent – Proof required for special damages – Exemplary damages restricted; aggravated and general damages awarded – Interest and costs.
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18 December 2014 |
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Applicant failed to prove grounds for review or that an unvalued bus was adequate security; application dismissed with costs.
* Civil procedure – Review under Order 46 Rules 1 & 2 – grounds for review: new and important matter, apparent error on record, or other sufficient reasons. * Security for setting aside ex parte judgment – adequacy and form of security; cash deposit vs. unvalued chattel. * Financial hardship and economic downturn – need for particularisation and proof to justify variation of court-ordered security.
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17 December 2014 |
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Plaintiff proved formation and breach of a contract via e‑mail, recovering special damages, general damages, interest and costs.
Contract law – formation by electronic communications (e‑mails/data messages); breach for non‑payment; proof and recovery of special (liquidated) damages; award of general damages; interest on liquidated and assessed damages; costs.
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15 December 2014 |
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Where material facts and statutory notice compliance are disputed, foreclosure claims cannot be decided summarily and must proceed as an ordinary suit.
Mortgage law — foreclosure and sale — requirement to prove default and compliance with Mortgage Act s.19 (prescribed form and 45 working days) before sale; Originating summons — unsuitable where material facts are in dispute; Documentary evidence — unexplained handwritten entries on bank statements are unsatisfactory for summary relief; Procedural — court may direct hearing as ordinary suit and make costs in the cause.
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12 December 2014 |
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Review of striking out defence for unpaid court fees dismissed due to unappealed prior order and applicant’s non-compliance.
Court fees — non-compliance with order to pay fees — striking out Written Statement of Defence — review application — error apparent on the face of the record — Order 46 Rule 2 (review to judge who made order) — unappealed prior order — res judicata — bona fide cashier receipt dispute.
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11 December 2014 |
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Whether the plaintiff could enforce an advocates’ remuneration clause on termination and retain escrowed fees, plus damages and injunction.
* Contract law – Advocates/Client remuneration agreement – validity and enforceability of remuneration clause on termination. * Performance – duty of advocate to peruse, prepare, negotiate and complete sublease. * Contractual remedy – entitlement to immediate payment on termination and retention of escrow funds to offset fee. * Damages – award of contractual damages, general damages and interest. * Injunction – protection against defamatory threats to a practising advocate.
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11 December 2014 |
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An unsigned BOT procurement award can be enforceable by conduct and estoppel; government suspension amounted to breach and damages were awarded.
Public procurement; build‑operate‑transfer (BOT) arrangements; enforceability of unsigned contracts by conduct and estoppel; government liability for breach where award suspended; frustration defence; assessment of special and general damages; interest and costs.
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4 December 2014 |
| November 2014 |
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Respondent held in contempt for continuing to sell mattresses with covers like the applicant’s; suspended committal, fines, exemplary damages, and destruction ordered.
* Intellectual property / passing off – consent judgment and injunction – whether continued manufacture and sale of similar mattress covers after consent order amounts to contempt of court. * Contempt of court – elements: existence of lawful order, knowledge, disobedience – remedies: committal (suspended), exemplary damages, fine, destruction of infringing goods, sequestration. * Trademark registration does not validate disobedience of an existing injunction; parallel trademark proceedings do not immunize contempt.
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27 November 2014 |
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Plaintiff entitled to costs after partial recovery; costs based on decretal sum; remaining claim dismissed.
Costs – partial success – judgment on admission – decree silent on costs – costs follow the event – instruction fees based on decretal sum.
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20 November 2014 |
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Unauthorised use of plaintiff’s songs as caller tunes infringed copyright, attracting damages, injunction and indemnity from the content supplier.
* Copyright – ownership and proof of title – balance of probabilities evidence by directors and third party admissions establishing ownership. * Copyright infringement – unauthorised use of musical works as caller tunes – downloads and lack of licence. * Remedies – assessment of damages by reference to licence fee where actual loss not proved; award of general and exemplary damages, injunction, interest and costs. * Unjust enrichment – commercial benefit from unauthorised use. * Indemnity – liability of content provider who supplied unauthorised works and conceded settlement.
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20 November 2014 |
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Court grants leave to amend plaint, holding amendments not mala fide and mediation confidentiality did not bar disclosure.
Civil procedure – Amendment of pleadings – Court’s discretion to allow amendments unless mala fide or causing injustice; mediation confidentiality (Judicature (Mediation) Rules 2013, r.18) does not bar disclosure of information required in proceedings; payment "without prejudice" not abandonment; VAT and reconciled monetary claims may be pleaded by amendment.
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20 November 2014 |
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Termination for defective work and unpaid wages was lawful; net award to subcontractor UShs.341,267,762 plus interest and costs.
* Contract law – subcontract termination – lawful termination for fundamental breaches including defective workmanship and failure to pay labour leading to strikes.* Assessment of quantum – court-valued partial performance (60%) and adjustment for payments received.* Set-off – defendant’s counterclaims for advances and rectification costs allowed in part and set off against plaintiff’s claims.* Interest and costs – discretionary award of 10% per annum from termination until payment, plus costs.
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13 November 2014 |
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Lessee liable for unpaid rent despite employee’s misdirection; advocate not liable absent client instruction.
Contract law – lease of land – unpaid rent; vicarious/misrepresentation by employee – employer liable to pay contracted rent; no agency/representation where plaintiff gave no instruction or power of attorney to advocate; exemplary damages not available for breach of contract; compound interest requires evidence of intention or commercial basis; interest at court rate discretionary.
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13 November 2014 |
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Court enforces original sale, voids later agreements procured by economic duress, cancels transfers and awards damages.
Contract law – valid sale agreement; breach by purchaser for non-payment; attempted rescission ineffective. Economic duress and unconscionable bargains – subsequent agreements procured under pressure void. Property law – transfers and mortgage cancelled where procured without consent, consideration, or with forged signatures. Remedies – specific performance, cancellation of instruments, injunctions, damages, interest, costs.
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3 November 2014 |
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Taxation of an advocate–client bill is not a separate suit; Registrar’s computation upheld and appeal dismissed with costs.
* Taxation of costs – advocate–client bills – application to tax not a separate suit – statutory notice to scheduled corporations not required. * Taxation procedure – taxing officer applies SI 267‑4 tariff; appellate interference limited to errors of principle. * Commercial Court mediation rules – inapplicable to post‑litigation taxation of costs. * Retainer v contract – retainer letters do not attract Attorney General approval under Article 119. * VAT Act – assessment of penal tax is prerogative of Commissioner General; taxing officer may note liability. * Limitation – no proved contract to invoke limitation.
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3 November 2014 |
| October 2014 |
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Mortgagee entitled to foreclose, obtain vacant possession and sell mortgaged property after mortgagor’s default; costs awarded.
Civil procedure – Originating summons under O.37 r.4 – Mortgage law – Section 8(1) Mortgage Act – Foreclosure and sale – Vacant possession – Default on mortgage – Costs.
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30 October 2014 |
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The applicant proved a fraudulent land sale; the respondent ordered to repay UGX70M, pay UGX50M damages, interest and costs.
* Contract/Property – fraudulent land sale – forged title and transfer documents; proof of payment and transaction corroborated by witnesses.
* Civil procedure – default/ex parte proceedings – formal proof where defendant declines service and fails to defend.
* Damages – compensatory general damages for deceit and breach; assessment guided by loss, inconvenience and subject matter value.
* Interest – exercise of judicial discretion under s.26(2) Civil Procedure Act; award of interest on principal and on general damages.
* Costs – successful party entitled to costs.
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30 October 2014 |
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Taxation of advocate-client costs is not a new ‘‘suit’’ requiring statutory notice; mediation inapplicable; VAT penal assessments remain Commissioner General’s function.
Civil procedure – Taxation of costs – Whether taxation proceedings constitute a "suit" requiring statutory notice to scheduled corporations; Commercial Court – Mediation Rules – Applicability to taxation of bills of costs; Tax law – Value Added Tax Act – Assessment of penal tax/penal interest reserved to Commissioner General; Taxing officer’s powers limited to determining liability, not formal assessment.
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30 October 2014 |
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Registrar correctly excluded discretionary compound interest from fee valuation and properly refused security for costs and referral.
* Civil procedure – court fees – discretionary interest not included in subject-matter valuation absent agreement or law; * Security for costs – discretionary relief – must be supported by credible evidence of impecuniosity or risk of non-payment; * Registrar’s exercise of discretion – referral to judge inappropriate where supporting affidavit found incompetent or issues already determined.
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28 October 2014 |
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Temporary injunction granted to prevent eviction pending suit due to irreparable harm and balance of convenience.
Commercial tenancy – temporary injunction – preservation of status quo – application of American Cyanamid principles – irreparable harm from unique/theme-based alterations and goodwill – balance of convenience – interlocutory relief for three months.
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27 October 2014 |
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Credit sale supported by post‑dated cheques resulted in breach; court awarded UGX 38,098,000 plus interest and costs.
Contract — sale of goods on credit supported by post‑dated cheques; Bills of Exchange Act — dishonour of cheque and notice; Electronic Transactions Act — admissibility and weight of electronic ledger; Remedies — quantification of indebtedness, interest and costs.
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17 October 2014 |
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Hirer held bailee and vicariously liable for loss of hired vehicle; plaintiff awarded valuation, lost hire, damages, interest and costs.
Contract law – hire/bailment of vehicle; possession and control of chattel by hirer; vicarious liability for unauthorized driver; assessment of special, general and exemplary damages; acceptance of unchallenged expert valuation; interest and costs.
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16 October 2014 |
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Police lawfully seized goods but became liable for retaining the vehicle after ignoring a court release order; the bank was not liable.
Police powers – search and seizure under Magistrates Courts Act s.69 and Criminal Procedure Code – lawful initial seizure; retention becomes unlawful after court order. Vicarious liability – Attorney General liable for police failure to release property. Complainant liability – bank supplying information to police not liable for later lawful police seizure. Remedies – independent valuation, award of market value, pre- and post-judgment interest, costs.
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10 October 2014 |
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Applicant proved US$40,000 advanced; respondent personally liable to refund with 21% interest and costs.
Evidence — admissibility of foreign private documents; s84 Evidence Act — admissions and authentication; Hearsay — s59 Evidence Act — attorney’s testimony inadmissible to prove primary transfers; Pleadings and summary of evidence — admissions under Order 6 r2/Order13 r6 and s57 Evidence Act; Company law — director’s personal liability versus company; Remedies — repayment and contractual interest.
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10 October 2014 |
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No valid insurance contract due to lack of consensus and statutory non‑compliance; insurer failed to prove arson, premiums refundable.
Insurance law – formation of contract (consensus ad idem) and Illiterates Protection Act compliance; burden of proof on insurer to establish arson; pleading and proof of fraud; admissibility of hearsay/res gestae; valuation and proof of loss (market v customs value).
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3 October 2014 |
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Plaintiff proved defendants’ unpaid credit debt; judgment for Ug. Shs.105,478,000 plus 19% interest and costs.
Contract – supply on credit – reconciliation and admissions – proof of debt; Ex parte proceedings due to defendants’ absence; Interest on decretal sum (s.26(2) Civil Procedure Act) – interest from invoice/due date; Damages – recovery of unpaid goods; Costs awarded for plaintiff’s prosecution of claim.
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1 October 2014 |
| September 2014 |
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Plaintiff who received full refund with interest not entitled to general damages; awarded costs only.
Sale of land – vacant possession – contractual allocation of duty to take possession – vendor’s irrevocable undertaking to refund purchase price on failure to take possession – consent agreement refunding purchase price with interest – entitlement to general damages and mesne profits – award of costs.
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26 September 2014 |
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Failure to decide a VAT objection within statutory time made subsequent account attachments unlawful; plaintiff awarded refund, damages and costs.
Tax law – VAT objection procedure – Section 33B(4)–(7) VAT Act – failure to make objection decision within 30 days – taxpayer’s election to treat objection as allowed – lawfulness of agency notices and attachments during an unresolved tax dispute – referral to Tax Appeals Tribunal – award of damages and costs.
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22 September 2014 |
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Court overruled limitation and unstamped-document objections, ordering payment of stamp duty and penalty before admission of loan agreements.
* Commercial law – recovery of money – whether section 19 Moneylenders Act limitation applies; need for evidence to determine whether transaction is a regulated moneylending transaction. * Evidence – Stamps Act – unstamped instruments inadmissible until duty/penalty assessed and paid; court may order payment rather than dismiss suit. * Civil procedure – preliminary objections – late-raised substantive matters in rejoinder may be struck out. * Court of Appeal authority binding on procedure for admitting dutiable instruments.
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18 September 2014 |
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Police did not bind the defendant to pay private fire-fighters; plaintiff’s quantum meruit claim dismissed; each party bears own costs.
Agency and ostensible authority – police performing statutory fire duties – no authority to bind private recipient; Quantum meruit – voluntary services at emergency scene – no liability where recipient had no opportunity to accept or reject; Applicable law – Contracts Act 2010 not in force at material time; market rates and burden of proof for reasonable remuneration.
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15 September 2014 |
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Representative plaintiffs struck off; change of company name and constitutional amendments lawful; no fraud or loss proved; claim dismissed.
* Civil procedure – representative actions – Order 1 Rule 8 – mandatory requirement to file list and notify persons to be bound; non‑compliance renders representative parties non‑binding.
* Company law – change of name (s.20 Companies Act) – requirements: special resolution, Registrar’s certificate, Gazette notice.
* Company law – amendment of Memorandum & Articles – conversion from private to public company valid if approved by shareholders and filed.
* Company law – effect of change of name – does not affect rights or obligations; does not create new entity or transfer assets (s.20(4)).
* Evidence – allegations of fraud must be specifically pleaded and proved; failure to prove fraud defeats reliefs for restitution and damages.
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10 September 2014 |
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Applicant granted leave to enter default judgment against government due to respondent’s dilatory conduct and an evasive, non‑specific defence.
Government proceedings — time to file defence — Rule 11 (substituting 30 days for 15 days); Default judgment — prematurely entered and later set aside; Leave to obtain default judgment under Rule 6; Requirement for specific, non‑evasive pleadings (Order 8) when assessing prospects of success; Dilatory conduct of government litigant as ground for refusing further extension.
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10 September 2014 |
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Court dismissed application to set aside arbitral award, holding applicant merely sought an impermissible re‑evaluation of the arbitrator’s findings.
Arbitration — setting aside award — Section 34 Arbitration and Conciliation Act — limited statutory grounds — jurisdictional excess, apparent error, misconduct, remittal principles; courts will not re‑weigh evidence or act as appellate body over arbitrator’s factual conclusions.
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5 September 2014 |
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An applicant’s incidental image in employer‑commissioned advertisements did not establish neighbouring rights or entitlement to usage fees.
* Copyright & Neighbouring Rights Act 2006 – distinction between authorship and neighbouring (performers') rights – works commissioned or created in course of employment vest copyright in employer/commissioner. * Consent/authorisation – voluntary staff briefings and incidental depiction while working do not automatically create performers' rights or require payment. * Right to privacy – workplace, public or employer premises, and incidental filming of employees ordinarily does not constitute unlawful invasion of privacy absent special circumstances. * Remedies – absence of established neighbouring rights or proven lack of consent precludes award of usage fees or damages.
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5 September 2014 |
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Arbitration Act limits court intervention; reinstatement of a suit dismissed under Order 17 r.6 denied for lack of special circumstances.
Civil procedure — Order 17 rule 6 (dismissal for want of prosecution) — Inherent jurisdiction to reinstate suits in special circumstances; Arbitration law — Arbitration and Conciliation Act s5 and s9 — limits on court intervention where dispute referred to arbitration; interplay between CPR and Arbitration Act; prejudice and ex parte arbitral proceedings.
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5 September 2014 |
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Whether the applicant or its foreign affiliate instructed counsel and who validly represents the applicant.
Civil procedure – party identity and locus standi; representation – who instructed counsel; effect of appellate findings on party on record; striking advocates off record for lack of instructions.
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3 September 2014 |
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Exchange of letters created a binding contract; defendants liable through their agents; plaintiff awarded refund, damages, interest and costs.
Contract formation by correspondence – letters constituted offer and acceptance; agency and privity – principals liable for agents' negotiations; breach for failure to prepare agreed memorandum/sublease; requirement for strict proof of special damages and inadmissibility of late evidence; award of restitution, general damages, interest and costs.
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3 September 2014 |
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Exemption clause cannot shield the defendant from liability for lost cargo caused by negligent fundamental breach; insurer denied indemnity.
* Contract of carriage / bailment – carrier’s duty to deliver; known-risk route and security obligations; negligence and fundamental breach v. exclusion clause.
* Exemption clauses – not effective to protect carrier against liability where negligence caused a fundamental breach.
* Damages – valuation accepted at US$3,100 per tonne; calculation of lost cargo and set-off against counterclaim.
* Insurance – condition precedent of timely notification; late notice bars indemnity.
* Third-party indemnity – subcontractor/second third party liable despite contractual exemption where fundamental breach occurred.
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2 September 2014 |
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Failure to appear and reliance on a letter did not warrant setting aside default judgment without depositing disputed funds.
Civil procedure - setting aside default judgment; adjournments - letters insufficient, counsel must hold brief; conditional reinstatement - deposit of disputed funds as precondition; obligation to refund monies received under existing judgment.
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2 September 2014 |
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Carrier’s delays caused demurrage; detention was unlawful—claimant awarded return of goods, demurrage liability shifted to carrier, damages and costs.
Contract for clearing and transport – delivery of clearing documents – demurrage and detention – liability for late return of containers – validity of lien for demurrage – wrongful detention – special damages not pleaded or proved; award of general damages.
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2 September 2014 |
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A notarised advocates’ remuneration agreement (6%) was enforceable; fees must be deducted at source and remitted to the advocate.
* Advocates’ remuneration – non‑contentious business – validity and enforceability of written, notarised and registered fee agreements under the Advocates Act (Secs. 48, 51).
* Performance – entitlement to agreed commission where solicitor carried out instructions and government accepted liability.
* Payment at source – contractual obligation for payer to deduct and remit advocates’ fees; unilateral diversion by client is breach.
* Duress and parol evidence – agreement freely signed and not varied by extrinsic oral terms; parol rule applies.
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2 September 2014 |
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Consultant was a disclosed agent under the contract and cannot be sued; plaint disclosed no cause of action against it.
* Contract law – agency – disclosed principal – consultant acting for employer – liability of disclosed agent; striking out for failure to disclose cause of action; indemnity clause shielding agent.
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2 September 2014 |
| August 2014 |
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Security company's liability for negligent guards limited by contract exemption clause.
Contract law – Security services agreement – Negligence – Vicarious liability – Exemption clauses – Contributory negligence.
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27 August 2014 |
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Absence of a statutory memorandum and notice of cheque dishonour rendered the loan unenforceable; sale of the bus was unlawful (conversion).
Money Lenders Act s.6 — requirement of written note/memorandum for enforceability of money‑lending contracts and security; Bills of Exchange Act — requirement to serve notice of dishonour; blank/post‑dated cheques and enforceability; unlawful disposition/ conversion of chattel; proof and assessment of special and general damages.
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26 August 2014 |
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No duress proved; guarantors liable under unconditional guarantees; principal, interest and costs awarded to the plaintiff.
* Contract law – memorandum of understanding – employee’s written admission of liability; burden of proof for duress lies on the person alleging it. * Guarantees – unconditional guarantors liable upon principal’s default; enforceability of guarantee instruments. * Civil procedure – substituted service and ex parte proceedings where defendants absent. * Interest – court’s discretion to award interest; plaintiff’s delay may limit interest recoverable. * Costs – costs generally follow the event where no good reason to depart.
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26 August 2014 |
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Respondent breached implied fitness warranty; applicant awarded refund, damages, interest, and alternative vehicle.
Sale of Goods Act – implied condition as to fitness for purpose (s.15) – buyer’s right to examine and rejection pending satisfactory independent inspection – effect of a settlement agreement requiring post-repair road test – remedies: money had and received/unjust enrichment, special and general damages, interest and costs – counterclaim for price where seller remains in possession dismissed.
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22 August 2014 |
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Preliminary objections on frivolousness and limitation overruled because disputed factual issues require trial and evidence.
Civil procedure — Order 7 r 11 — rejection of plaint for being frivolous or vexatious or barred by law; Limitation Act — accrual of cause of action for recovery of land; Registration of Titles Act — priority by date of registration; Preliminary objections — distinction between pure points of law and disputed facts requiring trial; Pleadings — effect of documents and agreed scheduling memorandum in preliminary rulings.
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22 August 2014 |
