|
Citation
|
Judgment date
|
| December 2015 |
|
|
Failure to obtain Attorney General advice under Article 119(5) does not automatically void contracts of local government councils.
Constitutional law – Article 119(5) Attorney General’s advice – meaning of "Government" – local government councils not within Article 119(5) scope; Public procurement – PPDA compliance requires factual proof before invalidating contract; procedural law – preliminary objection overruled but procurement point stayed for evidence.
|
15 December 2015 |
|
Plaintiff entitled to the admitted UGX 36,368,000, compensatory interest for deprivation, and costs; alternative negligence claim dismissed.
Civil procedure – partial consent judgment admitting liability – entitlement to damages and interest as restitution (restitutio in integrum); negligence and special damages unsustained for lack of evidence; award of interest (20% p.a. May 2014–16 Oct 2015; 14% p.a. thereafter) and costs.
|
14 December 2015 |
|
Article 119(5) does not automatically void contracts of local governments; PPDA non‑compliance requires factual proof before relief.
Constitutional law – Article 119(5) Attorney General’s legal advice – meaning of "Government" – local government councils distinguished from central Government; Public procurement – PPDA compliance – factual proof required before declaring contract illegal; Procedure – point of law may be decided only where material facts are agreed or not in dispute.
|
14 December 2015 |
|
Defendant breached contract by failing to deliver procured goods; plaintiff awarded refund, damages, interest and costs.
Contract law – oral/implied contract for construction and procurement; breach for non‑delivery of procured goods; money had and received vs contractual dispute; restitution where goods’ existence not proved; enforceability of commission claims – requirement for written agreement (Contracts Act s.10(5)); remedies – refund, damages, interest, costs.
|
9 December 2015 |
|
Occupier of mortgaged property cannot be joined to mortgagee’s possession suit absent necessary legal interest.
Civil procedure – Joinder of parties – Order 1 Rule 10 CPR – Presence necessary to effectually and completely adjudicate – Mortgagee enforcement proceedings – Possession vs title – Matrimonial/equitable interests to be pursued in separate suit.
|
8 December 2015 |
|
Mortgaged property remains liable for sale; no proof of a new loan or discharge of the mortgage, claim dismissed with costs.
Mortgage law – characterization of parties (mortgagor vs guarantor) – power of attorney – internal account transfers vs new loan – burden of proof of fresh advance – enforceability and sale of mortgaged property.
|
7 December 2015 |
|
Default judgment set aside as to second and third applicants alleging duress and contested service; leave to defend granted.
Order 36 r.11 – setting aside default/ex parte judgments; effectiveness of service; duress and coercion in guarantees/undertakings; leave to appear and defend in summary suits; requirement of triable issues/just cause.
|
4 December 2015 |
|
Consent judgment: defendant liable for USD 600,000; two helicopters surrendered in full settlement; parties bear own costs.
Contract – Debt and breach – defendant's failure to repay USD 600,000 by due date held a breach; Consent judgment ordering surrender of two specified helicopters in full and final settlement; allocation of parking/storage charges; each party to bear own costs.
|
1 December 2015 |
| November 2015 |
|
|
Respondent remained liable after lawful repossession and sale, but failure to give 14‑day notice entitled it to damages.
Finance lease – default and repossession – requirement of 14‑day notice under lease – breach not necessarily fundamental; valuation evidence – identity of asset crucial; personal guarantees – directors jointly and severally liable; valuation professional liability – vicarious/employer liability and need for strict proof of fraud; set‑off of damages in lieu of notice against main claim; interest and costs.
|
30 November 2015 |
|
Defaulting cargo payer liable; plaintiff awarded US$178,993.65, UGX60,000,000 general damages, interest and costs.
Commercial law – contract of carriage – existence and breach; substituted service by newspaper publication – validity for default judgment; admissibility of secondary evidence (copies of airway bills) when originals destroyed; assessment of special and general damages and interest rates.
|
27 November 2015 |
|
A binding final settlement estops defendants; their post‑settlement interference warrants injunction, damages and costs.
Contract law – final settlement agreement; estoppel under Section 114 Evidence Act; breach of contract and nuisance; permanent injunction; assessment of general damages; costs follow the event.
|
27 November 2015 |
|
Applicant granted unconditional leave to defend a liquidated summary suit due to triable disputes over payments; supplementary affidavit allowed.
Civil procedure – summary suit (Order 36) – liquidated demand – when a claim constitutes a liquidated amount (agreed purchase price).; Leave to appear and defend – test: bona fide triable issue of fact or law or dispute as to amount; procedural irregularity – supplementary affidavit filed without leave may be permitted where it does not prejudice competence and substantive justice requires it.; Relief – unconditional leave to defend and filing timeframe; costs in the cause.
|
23 November 2015 |
|
Plaintiffs were bona fide purchasers subject to the registered mortgage and must pay an additional Ushs.33,894,622; vendor liable to bank.
Property law – Registered versus unregistered mortgages – bona fide purchaser for value without notice; Mortgage Act/Registration of Titles Act – priority by registration and effect of caveats; Effect of partial consent settlement – payment does not extinguish liability of purchaser to mortgagee where outstanding sums remain; Remedies – partial success of counterclaim and orders for payment and interest; Costs ordered against vendor.
|
23 November 2015 |
|
An urgent oral order and partial deliveries formed a contract, but recovery limited to the value of items actually supplied due to falsified claims.
* Contract formation – offer and acceptance by conduct – oral order in urgent procurement can constitute binding offer. * Sale of goods – partial delivery accepted as performance; buyer’s duty to pay only for proven supplies. * Evidence – credibility and authenticity of delivery notes and GRN; falsified documents undermine claim. * Remedies – recovery limited to value of goods actually supplied; interest awarded at modest rate; costs where claimant acted fraudulently.
|
20 November 2015 |
|
Applicant granted leave to defend summary suit after court struck out respondent’s late affidavit and found triable issues.
Civil procedure – summary suit (Order 36 r.4; Order 52 r.1–2) – leave to appear and defend – good cause/tenable defence – timely filing of application – late affidavit in reply incurable without extension of time.
|
20 November 2015 |
|
Court enlarged time to deposit security for performance of decree, dismissing technical objections to affidavit and amendment.
Civil procedure – Extension of time to perform court-ordered act – Section 96 CPA and Order 51 r.6 empower court to enlarge expired time; Affidavit formalities – undated affidavit directory not fatal; Amendment of processes – harmless correction of "security for costs" to "security for performance of decree" permissible; Courts prefer adjudication on merits over procedural technicalities.
|
19 November 2015 |
|
Application to set aside summary judgment for alleged duress and defective service dismissed; service effective and duress unproven.
Civil procedure – Order 36 r.11 CPR – setting aside summary judgment for ineffective service or good cause; substituted service – requirements and validity; duress – standard of proof for vitiating consent; jurat technicalities – sworn vs affirmed not fatal.
|
13 November 2015 |
|
Defendants liable for dishonoured cheques for fuel; plaintiff awarded principal, commercial interest, damages and costs.
* Commercial law – sale of goods (petroleum) – agreed payment terms by bankers' cheques, telegraphic transfers or bank deposits. * Evidence – burden to prove payment lies on party alleging payment; uncorroborated receipts/agent assertions insufficient. * Bills of exchange – dishonoured cheques prima facie evidence of indebtedness (Bill of Exchange Act, s.29). * Interest – court discretion to award lawful interest; contractual/claimed usurious rates rejected; commercial rate awarded. * Costs – costs follow the event under Civil Procedure Act s.27(2).
|
13 November 2015 |
|
A pre‑incorporation promoters’ agreement does not bind the company; applicant cannot recover from respondents personally.
Company law – pre‑incorporation/promoters’ agreements – promoters cannot bind unformed company; separate corporate personality and privity of contract; Sale of Goods – description/quality (new/best) and right to reject – loss of right where unreasonable delay; failure of consideration and alleged misrepresentation – evidential requirements; proof of special damages – need for independent supplier invoices.
|
13 November 2015 |
|
Court reduced an agreed 6% weekly penalty to 24% per annum as unconscionable, awarding interest and costs to the plaintiff.
Civil Procedure Act s.26 – enforcement of agreed interest – court discretion where rate is harsh or unconscionable; contractual penalty interest; reduction of excessive contractual rate to just commercial rate (24% p.a.); interest accrual periods; costs follow the event.
|
13 November 2015 |
|
Limitation clause in guarding contract upheld; insurer’s subrogation is limited to the insured’s contractual recovery (UGX 2.5M).
Contract law – security services – fundamental breach by employee – enforceability of limitation of liability clause in standard form contract; Insurance law – subrogation – insurer’s recovery limited to insured’s contractual rights; Evidence – admission by company correspondence.
|
13 November 2015 |
|
An appeal challenging a registrar’s dismissal is moot and dismissed where the underlying proceedings have been withdrawn or concluded.
* Civil procedure – Mootness and academic appeals – Appeals dismissed where the underlying proceedings have been withdrawn or finally determined.
* Civil procedure – Interim applications and ancillary orders – Costs awarded in interim/ancillary applications need not be re-opened where the substantive causes have been conclusively resolved.
* Judicial administration – Competence of appeal – Courts should not decide cases lacking a live dispute or practical effect.
|
13 November 2015 |
|
Court dismissed the outstanding issue of costs after parties failed to comply with the court’s directions to file submissions.
* Civil procedure – non‑compliance with court order – failure to file ordered written submissions – Order 17 Rule 4 Civil Procedure Rules; * Commercial Court Practice Directions Rule 7 – powers to dismiss or award costs for noncompliance; * Abandonment of issue by conduct – dismissal of outstanding issue of costs.
|
12 November 2015 |
|
Court reviewed and corrected an erroneous costs award, holding the lender culpable for improperly selling mortgaged land and ordering costs against it.
Civil procedure – Review under Orders 46 & 52 CPR – correction of error on face of record; Costs – award of costs inconsistent with substantive finding; Mortgage law – lender’s remedy limited to security; foreclosure procedure – Order 37 Rule 4 CPR; Relief – review to correct court record.
|
10 November 2015 |
|
Plaintiff proved a subcontract breach by defective equipment and recovered special and general damages with interest and costs.
* Contract – Subcontract for provision of mobile stone crusher and operators – Existence of written agreement; * Breach – Material breach by supplying defective machinery and failing to deliver contracted quantity; * Damages – Proof and quantification of special damages by invoices and vouchers; award of general damages for loss of profits; * Interest – discretionary award under Civil Procedure Act; commercial rate on special damages (unspecified) and 6% on general damages; * Costs – awarded to successful plaintiff.
|
9 November 2015 |
|
A borrower and its guarantors are liable for a defaulted loan; agreed interest, general damages and costs were awarded.
* Commercial law – loan agreement – enforcement of outstanding balance after default; guarantors’ liability.
* Security – personal guarantees and mortgage – guarantors jointly and severally liable for debtor’s default.
* Remedies – contractual interest awarded from date of default; general damages and post-judgment interest; costs awarded.
|
6 November 2015 |
|
Buyer breached purchase contracts; 20% monthly charge held a penalty, cheques not given under duress, plaintiff awarded sums and costs.
Sale of goods – breach for non‑payment; Liquidated damages vs penalty – 20% per month held penal and unenforceable; Duress – requirement to prove unlawful pressure overcoming free will; Sale “as is” and buyer’s opportunity to inspect – no implied warranty for defects; Remedies – recovery of unpaid price, agreed compensation, general damages, interest and costs.
|
5 November 2015 |
|
Unlicensed use of "Bank" and failed loan processing fees warranted restitution, damages, and costs for unjust enrichment.
Contract law – Indicative Term Sheet as offer; breach for failure to provide loan; Unjust enrichment – money had and received; Financial Institutions Act – unlawful use of "Bank" by unlicensed entity; Agency and vicarious liability – director’s acts binding on company; Remedies – restitution, damages and interest.
|
2 November 2015 |
| October 2015 |
|
|
Application for judgment on admission refused because the alleged admission was ambiguous; matter ordered to trial.
Civil procedure – Order 13 Rule 6 – judgment on admission – admission must be clear and unequivocal – discretion to grant or refuse summary judgment – contextual reading of pleadings.
|
30 October 2015 |
|
Breach of divisible construction contract: defendant liable for unpaid sums, interest and costs; general damages denied.
* Contract law – breach for failure to pay staged contractual sums; divisible contracts – entitlement to recover part payments. * Evidence – purchase orders, completion certificates and bank statements as proof of indebtedness. * Remedies – refusal of general damages where loss not proved; award of interest and costs.
|
30 October 2015 |
|
Bailee may sue for stolen bailed goods; defendant failed to prove connivance, so plaintiff awarded general damages and costs.
Contract — Bailee’s right to sue under s.117 Contracts Act; Exclusion clauses — defendant must prove connivance/employment to invoke clause; Burden of proof — s.103 Evidence Act places burden on party asserting a fact; Special damages — strict proof required; Vicarious liability — employer liable where employee’s deliberate act causes loss (unless exclusion proven).
|
23 October 2015 |
|
The petitioner was declared bankrupt due to an unsatisfied judgment debt and lack of available assets.
Insolvency/Burden of proof – petition supported by statement of affairs and public examination; Judgment debt and unsatisfied execution as evidence of inability to pay (s.3); Court’s discretion to grant receiving order where statutory conditions met (s.20, s.254); Vesting of bankrupt’s estate in Official Receiver and treatment of property held in trust or exempt (s.27, s.31).
|
23 October 2015 |
|
Plaintiffs failed to prove fraud, misrepresentation or negligence; defendant performed contracted sampling and sealing—suit dismissed with costs.
Commercial contract — sampling, weighing, packing, sealing and verification of minerals; scope of services; burden and standard of proof for fraud; misrepresentation; negligence; proof of special damages.
|
21 October 2015 |
|
Counterclaim dismissed: commissions payable only after six‑month retainer; claimant breached contract by insufficient notice.
* Contract interpretation – remuneration clause – six‑month retainer versus profit‑based commission payable thereafter.
* Breach of contract – wrongful termination – failure to give contractual six months' notice or pay in lieu.
* Evidence – timing of LPOs and payments – commission entitlement tied to post‑retainer payments.
* Civil procedure – irregular default/dismissal entries by Registrar; ex parte proceedings and no costs order.
|
21 October 2015 |
|
Ex parte judgment set aside where service was ineffective and applicant showed a bona fide triable defence.
Civil procedure — Setting aside ex parte judgment under Order 36 r.11 — Effectiveness of service of summons — Validity of decrees signed during court vacation — Admissibility and weight of forensic document reports based on photocopies — Right to fair hearing.
|
15 October 2015 |
|
Leave to defend denied for the liquidated rental claim but granted for unliquidated repossession/repair costs.
Civil procedure – Order 36 r.4 (summary procedure) – leave to appear and defend – requirement to show a bona fide triable defence; Contract – clause permitting payment on a mutually agreed date – rescheduling, alleged frustration/repudiation; Summary judgment – liquidated claim for rentals and early termination costs; Reparations/recovery – repossession and repair costs not a liquidated sum within summary procedure.
|
8 October 2015 |
|
Sworn allegations of res judicata and a pending appeal prevent dismissal for non-appearance; court ordered applicant summoned to substantiate claims.
Civil procedure – Order 9 r.22 (dismissal for non-appearance) – Section 98 Civil Procedure Act – court’s power to override procedural rules to prevent compounding illegality – res judicata and pending appeal raised on oath – courts to administer substantive justice over technicalities.
|
6 October 2015 |
|
Commissioner wrongfully sold vehicles consigned nominally; bill of lading is prima facie, owners awarded damages.
* Customs law – EACCMA 2004 s.130 – lien and distress: lien on goods belonging to a person owing duty does not permit seizure of innocent third parties' goods.
* Bills of lading – document of title: prima facie evidence of possession and right to dispose, but not conclusive proof of beneficial ownership.
* Ownership – distinction between legal/documentary title and beneficial ownership; intention and subsequent dealings control.
* Remedies – wrongful seizure and sale attract special and aggravated damages, interest and costs; general and punitive damages not awarded.
|
2 October 2015 |
| September 2015 |
|
|
Plaintiff awarded only lawful renovation costs; rent arrears and counterclaim dismissed.
Contract – change of proprietorship and management – entitlement to compensation for improvements; illegality of unauthorized developments bars compensation; rescission of contract terminates future rent obligations; special damages and movable property claims require specific pleading and proof.
|
30 September 2015 |
|
Whether a mortgage lacking spousal consent is void where the bank relied on a statutory declaration; bank protected, mortgagor liable.
Mortgage law — Matrimonial home — Spousal consent — Whether mortgage void for lack of consent — Mortgage Act 2009 s.5, s.36 and Mortgage Regulations 2012 (Reg.3) — Duty of mortgagee to take reasonable steps — Statutory declaration as proof — Duty to disclose and criminal sanction under s.4(2) — Mortgagor’s liability for false declaration.
|
25 September 2015 |
|
Court granted conditional interim protection to prevent eviction and preserve arbitration rights pending appointment of an arbitrator.
* Arbitration — Interim measures by court (s.6 Arbitration and Conciliation Act) — court may grant necessary interim protection but should limit intervention.
* Arbitration agreement validity — existence of dispute and contractual clause for arbitration.
* Scope of interim measure — not limited to traditional injunctions; may include any lawful interim order to prevent arbitral proceedings being rendered nugatory.
* Procedure — party ordered to commence appointment of arbitrator; costs reserved to tribunal.
|
22 September 2015 |
|
A non-profit service agreement was not breached by the defendant despite one defective machine; plaintiff’s damages claims dismissed.
Contract – Services Agreement between NGO and service provider – in-kind contributions on needs basis; not an equity partnership. Delivery/timing – agreement likely extended to 20 July 2010. Defective goods – manufacturer’s fault does not automatically render donor in breach where donor substantially performed. Damages – speculative projected profits and unproved special losses denied. Procedure – irregularity in service noted but matter heard on formal proof after default judgment.
|
17 September 2015 |
|
Tenant entitled to full recovery where landlord’s night‑time security guards were negligent or complicit in a burglary.
* Tenancy/Contract – implied terms by conduct and implied covenants of tenancy – landlord’s obligation to provide night security. * Tort/Vicarious liability – employer liable for servants’ negligent or fraudulent acts in course of employment. * Duty of care – contractual undertaking to protect tenant property imposes tortious duty. * Remedies – award of proven pecuniary loss, general damages, contractual/compensatory interest and costs. * Procedure – ex parte hearing after proof of service; counterclaim dismissed for non‑prosecution.
|
17 September 2015 |
|
Guarding company held vicariously liable for theft by its guard; contractual limitation did not bar plaintiff’s full loss claim.
Security services contract – vicarious liability of security company for theft by its guard – exclusion and limitation clause construed: clause does not cover deliberate theft by company’s own servant – limitation to UGX 500,000 inapplicable – Contracts Act 2010 not retrospective – counterclaim for unpaid fees allowed in part.
|
11 September 2015 |
|
Plaint discloses causes of action; limitation tolled by written acknowledgements and successor company liable for rebate debt.
Commercial law – succession of public enterprise liabilities under divestiture instruments; limitation of actions – tolling/restart by written acknowledgement; plaint sufficiency – cause of action (breach of contract, unjust enrichment, tort) to be determined at trial; liquidator correspondence and successor liability; statutory construction of PERD instrument (SI No.28/2002).
|
9 September 2015 |
|
Insurer who indemnified creditor under a collective loan‑protection policy may not recover from the debtor when policy was agreed security.
Insurance law – loan‑protection/salary loan policies – collective life/ employment assurance taken as security – interpretation of facility letter, employer undertaking and policy – premium paid by borrower does not necessarily make borrower the insured – subrogation limited; life/salary insurance used as security does not automatically entitle insurer to recover from debtor after indemnifying creditor.
|
7 September 2015 |
|
Dismissal for prematurity is not res judicata and ICA s.28 does not compel mandatory ICSID arbitration before High Court review.
Investment Code Act s.28 – arbitration – "may" versus "shall" – ICSID procedure not mandatory; High Court's original jurisdiction preserved; res judicata – dismissal on preliminary objection not a decision on merits.
|
4 September 2015 |
|
Comprehensive audit lacked evidentiary basis; plaintiff not liable for UGX 32,249,782, refund ordered subject to withholding tax.
Tax law – income tax assessments and comprehensive audit – cash‑flow/net‑worth reconstructions – evidentiary foundation required for undeclared income; limitation of assessments (s.95–97 ITA); deductibility of travel/transport and subcontract commissions (s.22 ITA); taxpayer’s record keeping and Commissioner’s discretion (s.129 ITA); withholding tax obligations on payments to resident professionals (s.119A & s.124 ITA); remedies – declarations, injunctions, refund, interest and costs.
|
4 September 2015 |
| August 2015 |
|
|
An auditors' award under section 27(c) is enforceable; respondent must pay UGX47,710,000 plus 19% interest and costs.
* Civil procedure – Auditors' reconciliation and awards under section 27(c) Judicature Act – enforceability as court judgment.
* Assessment of indebtedness – reconciliation by joint and third auditors determining principal sum due.
* Interest – court's discretion under section 26 Civil Procedure Act; interest as compensatory restitution; determination of commercial rate (19% per annum).
* Costs – successful claimant entitled to costs.
|
28 August 2015 |
|
A guarantor was discharged where the applicant’s failure to protect and apply security prejudiced the surety.
Guarantee law – discharge of guarantor where creditor’s acts or omissions injure the surety; Chattel mortgage – failure to exhaust remedies; Mortgage sale proceeds – application and apportionment between consolidated facilities; Misrepresentation and fraud allegations; Equitable protection of sureties; Remedies and interest on judgment.
|
28 August 2015 |
