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Citation
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Judgment date
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| May 2016 |
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Court finds defendant wrongfully terminated contract; estoppel entitles plaintiff to quantum meruit, damages, interest and costs.
Arbitration clause — late invocation after full hearing constitutes waiver; court may refuse referral to arbitration. Contract law — implied consent and estoppel where conduct and communications induced continued performance. Breach and wrongful termination — refusal to pay for work performed unjustified. Remedies — quantum meruit for unpaid fees, assessment of general damages, interest and costs. Variation — no valid written variation where terms not concluded in writing.
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30 May 2016 |
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Court refused to order security under s.34(5) where respondent showed assets and intent to remain in jurisdiction.
Arbitration and Conciliation Act s.34(5) – Security for payment of arbitral award – Discretion to require security where party resides outside jurisdiction and lacks assets – Evidence of movable assets and intention to remain – Refusal to order security where respondent demonstrates sufficient local assets.
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20 May 2016 |
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Mandamus granted compelling Secretary to the Treasury to pay garnisheed decretal sum under section 21 Government Proceedings Act.
Civil procedure – Garnishee proceedings (Order 23) – order nisi and order absolute attach debts in the hands of a garnishee and create enforceable obligations. Government Proceedings Act (s.21) – attachment of monies payable by Government – court may direct payment of monies held for a third party to a decree holder. Section 19 Government Proceedings Act – inapplicable where Government is not a party; certificate of order unnecessary for garnishee attachment under s.21. Mandamus – available to compel accounting officers to take lawful steps to satisfy attached judgment debts; failure to pay may infringe property rights (Article 26). Remedies – mandamus and costs appropriate; punitive damages not awarded in these circumstances.
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20 May 2016 |
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High Court stayed its order requiring PAYE deductions pending appeal, exercising inherent jurisdiction to preserve the right of appeal.
Civil procedure – Stay of execution pending appeal – High Court’s inherent jurisdiction under section 98 Civil Procedure Act – Order 43(4)(3) principles not rigid where decree imposes duties rather than a sum certain – Execution includes enforcement by contempt or mandamus – Right of appeal must be preserved to avoid rendering it nugatory.
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20 May 2016 |
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Court overruled jurisdictional objection and granted interim injunction preserving shareholding and company status quo pending trial.
Civil procedure – Jurisdiction over foreign-incorporated company registered/operating in Uganda – forum conveniens and Section 15 CPA. Interim relief – temporary injunction – requirements: serious question to be tried (prima facie), preservation of status quo, irreparable harm, balance of convenience. Procedural objections – representative order objections reserved for main suit.
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20 May 2016 |
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Court rules Defendant breached contract by not providing required notice before termination and awards damages.
Contract Law – Breach of Advertising agreement – Obligation to provide written notice for termination – Payment in lieu of notice and agency commission – Damages for breach of contract.
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13 May 2016 |
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Court admitted a late witness statement with costs to the plaintiff, allowing a limited supplementary response and warning on weight and ethics.
Commercial procedure — late service of witness statements — discretion under Commercial Court Practice Directions regulation 7 and Order 51 r.6 CPR — relief from sanctions — assessment: seriousness, reasons, overall justice — admissibility vs weight — possible sanction: costs; permission to file supplementary evidence.
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13 May 2016 |
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Court refused interlocutory piercing of corporate veil but allowed joinder of directors; advocate’s affidavit struck for lack of written authority.
Corporate veil – lifting under section 20 Companies Act – fraud allegation must be proved at trial; Joinder of directors under Order 1 r.3; Advocate affidavit sworn on behalf of parties requires written authority; admissibility of supplementary regulatory affidavit where witness cross‑examined.
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10 May 2016 |
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A purchaser of restricted goods under customs forfeiture lacked locus and interim relief; EACCMA procedures govern recovery.
Customs law – restricted goods and forfeiture – application of East African Community Customs Management Act (sections 18, 210, 214, 216, 218) – locus standi of purchaser of goods under customs control – interlocutory injunction principles (prima facie case, irreparable harm, balance of convenience).
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6 May 2016 |
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Mislabelling an application to set aside a registrar’s judgment as an appeal is a curable procedural irregularity if no prejudice results.
Civil Procedure — Registrar’s powers and Practice Direction — Judgment on admission (Order 13 r6) — Remedy for challenging registrar’s judgment: application to set aside (Order 9 r12) v appeal (Order 50 r8) — Procedural irregularity vs jurisdictional defect — Inherent jurisdiction and article 126(2)(e) — No prejudice, form cured.
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6 May 2016 |
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Court granted ex parte Anton Pillar order under s.45(2) permitting inspection and cloning of alleged infringing music, with safeguards.
Copyright – Anton Pillar order – s.45(2) Copyright and Neighboring Rights Act – ex parte inspection and removal of alleged infringing material Pre-conditions: extremely strong prima facie case; serious damage; clear evidence of incriminating material and real risk of its destruction Relief: inspection of computers/devices and cloning of musical works for court custody Safeguards: not a search warrant; no forcible entry; respondent’s permission required; right to apply to vary or discharge
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6 May 2016 |
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Use of plaintiff’s image in adverts without consent breached privacy, constituted misrepresentation and unjust enrichment.
Image/Personality rights – unauthorized commercial use of image; Privacy – unlawful interference by commercial advertisement; Passing off/misrepresentation/false endorsement – implying endorsement without consent; Unjust enrichment – entitlement to share of profits; Remedies – royalties/accounting, compensatory, aggravated damages, appointment of Official Receiver.
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2 May 2016 |
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Letters marked "without prejudice" remain admissible but cannot be used to prejudice or impeach their author in cross-examination.
Evidence — "without prejudice" communications — admitted with reservation; do not necessarily constitute admissions of truth. Evidence — admissibility v. weight — court discretion under s.57 Evidence Act to require proof or to exclude prejudicial admitted evidence. Procedure — use of admitted documents in cross-examination — letters marked "without prejudice" cannot be used to prejudice their author.
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2 May 2016 |
