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Citation
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Judgment date
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| March 2016 |
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Review granted where striking out for alleged absence of partnership registration was erroneous; certified copies presumed genuine.
Civil Procedure – Review of court orders under S.82 & O.46 CPR; Evidence – certified copies presumed genuine (Evidence Act s.78; Registration of Documents Act s.17); Partnership law – capacity to sue and legal personality; Striking out – technical defects should not bar substantive adjudication.
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14 March 2016 |
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Court referred disputed insurance premium computation to arbitration under a mandatory policy arbitration clause; suit abated.
Arbitration clause – scope and mandatory referral; Insurance policy – "differences as to amount payable" includes disputes over interpretation and computation; Section 5 Arbitration and Conciliation Act – mandatory stay/referral to arbitration where valid agreement and real dispute exist; Effect – suit abates and amendment application becomes futile; High Court retains supervisory/appellate powers under Arbitration and Conciliation Act.
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14 March 2016 |
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Vehicle hire contract frustrated by breakdown; plaintiff failed to prove defendant's negligence, claim dismissed with costs.
Contract law – formation of hire agreement; Civil Procedure – requirement to plead misrepresentation with particulars; Evidence – burden to prove negligence on balance of probabilities; Contract law – frustration doctrine discharging further performance; Remedies – dismissal where plaintiff fails to prove breach or loss.
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11 March 2016 |
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The court dismissed an application to set aside a default judgment, ruling effective service and no necessity for urgency certificates.
Civil procedure – default judgment – service of summons – court vacation – certificate of urgency – setting aside judgments.
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10 March 2016 |
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Applicant failed to show good cause to set aside default judgment; service was effective and vacation hearing was not irregular.
Civil procedure – Setting aside default judgment – Order 36 r.11 CPR; effectiveness of service of summons; computation of time in summary procedure; court vacation rules and urgency; requirement to show good cause/sufficient cause to set aside decree.
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10 March 2016 |
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Applicant entitled to release of attached generator after prima facie proof it was not judgment debtor’s property.
Civil Procedure – Order 22 rules 55–57 – Objector proceedings to attachment – Prima facie inquiry to determine whether attached property is liable to execution – Release where property shown to belong to objector. Attachment and execution – ownership and possession – documentary proof (invoice, delivery, commissioning, demand letters) suffices for summary release. Ex parte proceedings – effect of non‑appearance of attaching parties when properly served.
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9 March 2016 |
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Court allowed amendment of defence and counterclaim before trial despite drafting omissions, finding no prejudice or bad faith.
Civil procedure – Amendment of pleadings – O.6 r.19 CPR; discretion to allow amendments – factors: prejudice, mala fides, multiplicity, limitation; omissions by prior counsel excusable; failure to underline amendments not necessarily fatal; right to be heard and substantive justice prevail.
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7 March 2016 |
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Service at a company’s registered office to a person willing to accept is effective; applicant failed to show a defence, application dismissed.
Civil procedure – setting aside judgment and decree – service on a company – O.29 r.2(b) CPR and s.274(1) Companies Act – service at registered office to person willing to accept is effective; Correction of clerical/mathematical errors – S.99 CPA; Threshold for setting aside for want of defence – need for proposed defence/particulars; O.9 r.12 & r.27 CPR discretion.
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3 March 2016 |
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Reinstatement refused for lack of sufficient cause and diligence; procedural errors were not fatal.
Civil procedure – Order 9 r.23(1) CPR – setting aside dismissal for non-appearance – "sufficient cause" requires promptness, adequate explanation, and diligence; procedural technicalities not fatal to merits. Affidavit by counsel without proof of client authorisation is a technical defect. Litigant (including advocate) must check court listings/notice board to ascertain hearing judge.
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2 March 2016 |
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Temporary injunction granted to prevent impoundment of vehicle pending trial due to arguable ownership and risk of irreparable harm.
Civil procedure – interim injunction – requirements: prima facie/arguable case, irreparable harm, adequacy of damages, balance of convenience; Property/purchase disputes – purchaser in possession v registered owner; Lien asserted by owner; Preservation of status quo pending trial (Order 41 CPR; Judicature Act).
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2 March 2016 |
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Plaintiff blocked account and removed defendant as signatory; defendant lawfully retained excavator and counterclaim partly succeeds with awards.
Commercial law – contract and agency – standing instructions and bank mandate – estoppel and conduct of parties; interlocutory injunction findings not conclusive on final facts; third‑party tax (URA) notice effect on bank funds; locus to sue where contractual beneficiary is an individual not company; damages for wrongful interference with account and consequential loss.
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1 March 2016 |
| February 2016 |
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Applicant granted unconditional leave to defend summary suit due to triable issues over seed quality and payment.
Summary procedure – Order 36 leave to appear and defend – defendant must show bona fide/triable defence – dispute over conformity with LPO specifications (germination and purity) – unconditional leave granted.
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26 February 2016 |
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A supplier's failure to deliver paid-for equipment breached contract, awarding applicant repayment, damages, interest and costs.
Contract formation – inferred from correspondence, proforma invoice, receipts, LPO and payment; sale of goods/lease context Breach of contract – supplier’s failure to deliver paid-for goods constitutes substantial non-performance Damages – award of special damages (sum paid) and general damages for inconvenience; remedies under Contracts Act Interest – court discretion where no agreement; simple interest at 6% p.a. awarded Costs – costs follow the event; counterclaim dismissed for lack of proof
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25 February 2016 |
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Defendant granted unconditional leave to defend because disputed ledger items and authority for expenditures raised triable issues.
Civil procedure – Summary suit (Order 36) – Requirement to show no bona fide defence – When summary procedure is inappropriate due to triable issues of fact. Evidence – Ledger and affidavit insufficient proof where underlying vouchers/documents not produced. Affidavits – Alleged inconsistencies/falsehoods must go to root to justify striking out; minor inconsistencies severable. Contract/accounting – Liability for supplies to third parties and authority for expenditure are triable questions.
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23 February 2016 |
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Plaintiff awarded UGX 50,758,000; dishonoured cheques enforceable and commercial interest ordered until payment.
Commercial law – sale of goods on credit; breach of contract for non-payment; cheques/bills of exchange treated as cash for summary judgment; summary judgment appropriate where cheques dishonoured; compensatory interest (restitutio in integrum) in lieu of unsupported general damages; court’s discretion under s.26(2) Civil Procedure Act to award reasonable commercial interest.
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23 February 2016 |
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Plaintiff failed to prove alleged embezzlement; audit found unreliable and suit dismissed with costs to the defendant.
Commercial law – alleged embezzlement by an accountant; burden of proof on plaintiff; reliability of audit reports; internal controls and custody of cash; natural justice (right to be heard); where evidence gives rise to conflicting inferences, plaintiff must prove on balance of probabilities.
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22 February 2016 |
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Mortgages based on Mailo titles held by non‑citizen plaintiffs void; debenture unenforceable, but personal guarantees permit bank recovery.
Land law – non‑citizens and Mailo land – acquisition and ownership restrictions; Mortgage law – legality vs irregularity; Nullity of instruments registered in breach of statutory land‑ownership rules; Contract law – borrower’s default on facility; Security law – unenforceability of debenture founded on illegal title; Guarantees – on‑demand personal guarantees enforceable against guarantors.
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10 February 2016 |
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Court allowed appeal: "Java" is a descriptive/disclaimed element and no proven likelihood of confusion; registration ordered subject to disclaimer.
Trade marks — descriptiveness and disclaimer — assessment under sections 9 and 10 and Part B registration; similarity and likelihood of confusion — global test (visual, aural, conceptual); inadmissible or insufficient extrinsic evidence — weight of limited witness statements and press review; foreign registration and Paris Convention — relevance under sections 44–45 of the Trademarks Act; concurrent use.
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9 February 2016 |
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Default on time‑of‑the‑essence loan instalments justified acceleration; lender awarded outstanding debt, 20% interest and costs.
Commercial loan – instalments – "time of the essence" clause – default amounts to fundamental breach and justifies acceleration. Enforcement – lender entitled to sue for accelerated debt notwithstanding existence or non‑realisation of security. Interest – contractual commercial rate of 20% held not harsh or unconscionable and enforceable. Remedies – judgment for principal, contractual interest from date of filing and costs follow the event.
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1 February 2016 |
| January 2016 |
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Conditional injunction lapsed by applicant’s non‑compliance; re‑advertisement improper but not contempt, application dismissed.
Civil procedure – conditional injunction – failure to comply with condition causing injunction to lapse; contempt – advertising of mortgaged property; Mortgage Regulations – notice and advertising periods; counsel duty to advise client; remedial limits where applicant fails to perform injunctive condition.
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29 January 2016 |
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Default decree set aside and unconditional leave to defend granted where advocate's default was not imputable and triable issues existed.
Civil procedure – setting aside default judgment – Order 36 rule 11 – effective service on lawyers versus personal service; advocate’s negligence and imputability to litigant. Summary suit – leave to defend – test for bona fide and triable defence. Res judicata – effect of decree against principal debtor on subsequent claim against guarantor. Guarantees – secondary liability of guarantor and scope of recoverable sums.
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29 January 2016 |
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Disputed sale/hire of a truck was frustrated by third‑party impoundment; both claim and counterclaim dismissed, costs each party.
Contract classification (sale v hire/hire-purchase) – identity of vehicle (colour, chassis/engine numbers, false number plates) – amendment/pleadings objections – ex parte rehearing set aside – frustration of contract by third-party impoundment/sale – remedies where subject matter lost (loss lies where it falls).
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28 January 2016 |
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Court found jurisdiction under Ugandan law and held defendant breached contract, awarding unpaid balance, damages, return of equipment and costs.
Contract law – choice of law clause – jurisdiction where contract governed by domestic law and signed in Uganda; Fundamental breach – wrongful takeover of site before expiry of contractual stoppage period; Remedies – award of balance of contract as special damages, general and exemplary damages, interest, return of chattels (or value) and costs.
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25 January 2016 |
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Commissioner’s communications on bond sales bound the revenue authority, making buyers/importers, not the seller, liable for VAT.
Tax law – VAT on bonded warehouse sales – allocation of VAT liability between seller (importer) and buyer (transferee) in bond sales. Administrative law – binding effect of Commissioner’s communications/practice guidance – whether they bind revenue authority and taxpayers. Tax procedure – assessment and penalties – liability for penalties follows VAT liability. Evidence – reliance on contemporaneous documents (A27/A28) and conduct of revenue authority in authorizing release without tax collection.
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25 January 2016 |
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Applicant alleging fraud in mortgage must show prima facie case and irreparable harm to obtain a temporary injunction.
Temporary injunction; prima facie case; irreparable harm; balance of convenience; preservation of status quo; mortgage dispute; allegations of fraud and illegality; possession.
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14 January 2016 |
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A High Court cannot review a referee’s award under Order 46; contested reconciliation issues must be remitted to the referee for reconsideration.
Commercial law – reference to referee under section 27(c) Judicature Act – awards under Order 47 CPR – limits of review under Order 46 CPR – remit/recission and correction of awards (Order 47 rules 12–15) – discovery of new evidence and mistake apparent on face of record – discretion to award interest (section 26 Civil Procedure Act).
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12 January 2016 |
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An application to reinstate a suit already litigated and dismissed is barred by res judicata and was struck out with costs.
Civil procedure – reinstatement of suit – res judicata – dismissal set aside previously and later dismissal – parties bound by pleadings – new grounds in submissions inadmissible – application struck out.
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11 January 2016 |
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Plaintiff recovers pleaded loan from borrower; collateral manager deemed bailee but not negligent; claim against it dismissed.
• Commercial law – loan facility and security – borrower’s breach of credit agreement; recovery of principal and interest.
• Collateral management – tripartite agreement giving custody duties; deemed bailee with duty to exercise reasonable care and release goods only on bank’s written instructions.
• Tort/negotiation – negligence claim against collateral manager; burden on bailee to prove absence of neglect; theft by borrower may negate liability.
• Remedies – award of principal, structured interest (19% then 20% then 14%) and costs.
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11 January 2016 |
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Stay refused where constitutional petition did not directly affect appeal and application amounted to an abuse of process.
Stay of proceedings – application to stay pending constitutional petition – Article 137(6) applicability only where constitutional question directly affects dispute; requirements for stay (prima facie case, irreparable harm, balance of convenience); abuse of process and improper delay; recusal and interlocutory procedure.
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11 January 2016 |
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Registrar validly corrected an erroneously extracted interim order; recusal and ex parte conduct were properly handled; appeal dismissed with costs.
Civil procedure – Registrar’s powers – Section 99 CPA permits correction of clerical errors in orders; not a review under Order 46. Recusal – written request may suffice; judge may refuse recusal where grounds are implausible. Ex parte proceedings – justified where party deliberately disrupts hearing. Evidence – newspaper clippings are hearsay and inadmissible; severance is available. Abuse of process – multiplicity of proceedings and tactics to perpetuate interim relief may justify denial of relief.
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11 January 2016 |
