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Citation
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Judgment date
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| December 2017 |
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21 December 2017 |
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Application to deposit certified payment into court denied for lack of urgency and no proven risk of dissipation.
Commercial law – payment under final payment certificate – application to deposit certified sums into court pending dispute – requirement to show expeditious determination and risk of dissipation; Contract law – interest and contractual entitlements; Civil procedure – interlocutory relief and exigency of prosecution of main suit.
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21 December 2017 |
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Fraudulent procurement of ex parte judgment and execution vitiates subsequent sale and entitles reinstatement of the innocent registered proprietor.
Property law; fraudulent procurement of court process and default judgment; invalidity of execution and sale founded on forgery; cancellation of transfers and reinstatement of registered proprietor; third‑party rights and mortgage claims defeated where base transaction is fraudulent.
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14 December 2017 |
| November 2017 |
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Whether the respondent lawfully disconnected the applicant’s supply for alleged meter tampering and issued a fraud bill.
Electricity supply — Meter tampering — Burden of proof and inferences — Lawful disconnection and right to be heard — Fraud billing and computation — Damages for wrongful disconnection.
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23 November 2017 |
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Whether the respondent complied with statutory mortgage-sale procedures and properly applied the sale proceeds.
Mortgage law – Power of sale – compliance with Mortgage Act and Regulations (demand, default notice, valuation, notice to sell, advertisement and service). Duty of mortgagee – equitable duty to obtain true market value; independent valuation and exposure to market. Distribution of sale proceeds – statutory priority; payment to guarantor/spouse with beneficial interest
Recovery – irregular post-sale debits are recoverable; award of special damages and interest
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20 November 2017 |
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Substituted service by court order and newspaper publication was effective; application to set aside default judgment dismissed.
Civil procedure – Summary suit – Order 36 Rule 11 CPR – Setting aside default judgment; Substituted service – Order 5 Rule 18 CPR – effect and validity of newspaper publication; Defence of frustration – pleaded but not adjudicated after service found effective; Procedural compliance – duty to seek leave to appear and defend.
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9 November 2017 |
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Reconciliation document upheld; plaintiff not fully paid; defendants awarded USD 90,408, damages, interest and costs.
Contract law – reconciliation of accounts – validity of a signed reconciliation document (Exh D16) covering lease and purchase obligations
Duress – burden to prove coercion, requirement to repudiate promptly; subsequent conduct undermines duress claim
Interest – enforceability of agreed interest as reflected in parties' reconciliation. Privity and third-party beneficiary – financier’s undertaking made the seller an intended beneficiary, permitting suit against financier
Remedies – award of decretal sum, general damages, interest and costs; dismissal of plaintiff’s claim for specific performance/refund
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2 November 2017 |
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Application to set aside default judgment dismissed: service on a director was effective and no sufficient cause was shown.
Civil procedure – setting aside ex parte/default judgment – O.9 r.27 CPR – requirement of non-service or sufficient cause. Service on corporations – Order 29 – service on director or principal officer effective. Sufficient cause – must relate to inability to take the procedural step (illness, advocate’s mistake, ignorance of procedure). Relief refused where affidavit of service and acknowledgement by director establish effective service
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2 November 2017 |
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Default judgment upheld where service on the company's director was effective and applicants failed to show sufficient cause.
Civil procedure – Setting aside default judgment – Order 9 r.27 CPR – Requirement to show lack of proper service or sufficient cause; Service on corporation – O.29 r.1-2 CPR – service on director/principal officer effective; Sufficient cause – must explain inability to take the step in time (illness, advocate mistake, ignorance of procedure).
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2 November 2017 |
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Interim injunction refused where no pending adjudication existed, damages were adequate, and balance of convenience favoured the respondents.
Arbitration and Conciliation Act – interlocutory injunction – requirements for injunctive relief: prima facie case, irreparable injury, balance of convenience – effect of quashed adjudicator appointment on existence of a pending adjudication – adequacy of damages as remedy – public interest in uninterrupted procurement and road maintenance.
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2 November 2017 |
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Buyer validly rescinded sale after seller unlawfully impounded delivered vehicle; refund, damages and interest awarded.
Sale of Goods Act – unpaid seller and lien; delivery terminates lien absent express reservation; unlawful impounding absent warrant; rescission of contract; unpleaded/unsupported parking fees cannot be awarded; recovery of deposit, proven repair costs, general damages and interest.
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2 November 2017 |
| October 2017 |
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Defendants who withdrew mistakenly credited funds must pay interest at a reasonable commercial rate; counterclaim dismissed and costs awarded.
Banking law – mistaken credit to customer’s account – recovery of funds – recipient’s liability to pay interest as compensation for retention; assessment of reasonable commercial interest rate; counterclaim for harassment dismissed; costs follow event.
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31 October 2017 |
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The court refused amendment that would revive a tainted contractual claim by a non‑party and change the cause of action.
Amendment of pleadings – amendment v fresh cause of action – identity of contracting party – misrepresentation and fraud – promotion of illegality – abuse of process – application dismissed with costs.
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27 October 2017 |
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Applicants failed to show improper service or a prima facie defence to warrant setting aside the default judgment.
Civil procedure – Setting aside default (ex parte) judgment – Service of process – substituted service by publication justified when defendants unavailable – Affidavit of illiterate must be verified under Illiterates Protection Act – Personal guarantee: signature and parties’ intention determine guarantor liability – Failure to attach draft defence when claiming a defence.
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26 October 2017 |
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Whether the respondent (customs authority) is liable for vandalisation and inferior replacement of vehicle parts while in its custody.
Customs law – liability for goods in custody – authority capable of being sued under URA Act despite provisions of EACCMA
Tort/delic t – vandalisation and safe custody of imported goods in a customs warehouse
Evidence – inspection reports, photographs and expert testimony as proof of vandalisation and inferior parts substitution
Damages – award of replacement costs and general damages including prospective loss of income; principles on proof of future loss
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26 October 2017 |
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25 October 2017 |
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Consent judgment binding absent fraud or duress; authorized director’s acts bind the company—application dismissed.
Civil procedure – Consent judgment – Application to set aside – Requirements: fraud, collusion, misrepresentation, mistake or illegality to vitiate consent. Company law – Agency and authority of directors – Board resolution binding on company; indoor-management (Turquand) rule. Contract law – Freedom of contract; unconscionability insufficient absent fraud. Equitable relief – Duress and delay (laches) – need for prompt action
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25 October 2017 |
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Plaintiff performed web‑development; defendant’s dishonored cheques constituted breach—contract sum, damages, interest and costs awarded.
Contract law – existence and enforceability of written website development agreement; performance and expert evidence on functionality of websites; breach by issuance and stoppage of cheques; counterclaim for oral commission agreement dismissed for lack of evidence; remedies—contract sum, general damages, interest and costs.
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20 October 2017 |
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Admission and part-payments established the debt; court awarded outstanding sum, general damages, 20% interest and costs.
Evidence Act s.57 – admissions during proceedings and payments as proof of indebtedness – no further proof required. Civil procedure – recovery of undisputed debt; award of general damages for loss of use/profit
Interest – court power to award interest; 20% per annum ordered
Costs – costs follow the event
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16 October 2017 |
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Court allowed out-of-time filing of reply and defence due to counsel's illness; court not functus officio.
Civil procedure – Extension of time – Leave to file reply to WSD and defence to counterclaim out of time – Sufficient cause where counsel was ill – Mistake of counsel not visited on litigant – Court not functus officio where no final decision – Costs in the cause.
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11 October 2017 |
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Vendor's failure to deliver vacant possession entitled the purchaser to refund, general damages, interest and costs.
Contract law – Sale of land – failure to deliver vacant possession – vendor’s breach – refund of deposit (special damages) – general damages for inconvenience – interest awarded on commercial transaction – effect of interlocutory judgment and failure to defend.
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11 October 2017 |
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Appellant acted as company director, not personally liable; settlement bound the company, so respondent's damages claim failed.
Company law/agency – Director acting as directing mind and will of the company – personal liability versus corporate liability; Contract law – consideration: procedural bar to raising want of consideration not pleaded (O.6 r.7 CPR); Settlement agreements – enforceability of memorandum of understanding/compromise signed by counsel; Evidence – evaluation of facts showing capacity in which documents were signed; Remedies – appeal allowed, trial judgment set aside, costs to appellant.
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4 October 2017 |
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The High Court upheld jurisdiction, found a valid contract and guaranty, and awarded US$832,338.51 plus UGX50,000,000, interest and costs.
Civil procedure – jurisdiction clause – non‑exclusive consent to foreign court does not oust Ugandan High Court’s unlimited jurisdiction; contract formation – signature comparison and admissibility under Evidence Act; sale of goods – bills of lading and invoices as evidence of delivery; suretyship – guarantors personally liable under deed of suretyship; remedies – assessment of special and general damages, interest and costs.
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3 October 2017 |
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Stay of execution granted pending appeal on condition of a bank guarantee and mediation to avoid asset attachment.
Execution stay pending appeal; immunity of international financial institution’s assets under domesticated Charter; distinction between immunity from jurisdiction and immunity from execution; adequacy of bank guarantee as security for stay; mediation to resolve enforcement without attachment.
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2 October 2017 |
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Court ordered joinder of a party alleged to hold transferred mineral licence as necessary for complete adjudication.
Civil procedure – Joinder of parties; necessary and proper parties; piercing the corporate veil; tracing/transfer of mineral exploration licence; joinder permissible even absent direct cause of action to avoid multiplicity and where orders sought may affect a party’s interests.
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2 October 2017 |
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Bank awarded damages against borrower-guarantors for fraud and breach; valuer absolved due to unheeded warning.
Commercial law – loan secured by mortgage – misrepresentation and fraud by borrower in presenting security as developed; liability for breach of contract. Professional negligence – valuer’s duty – warning in valuation report and plaintiff’s failure to heed recommendation severs causal link to loss
Remedies – special and general damages, interest and costs; declaration of fraud; third-party indemnity requires a fair hearing
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2 October 2017 |
| September 2017 |
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Court held defendant liable for breach, rejected special damages for lack of proof, awarded general damages, interest and costs.
Arbitration clause – referral requires party application under s.5(1) Arbitration and Conciliation Act; breach of contract – failure to deposit escrow proceeds and ordering outside agreed channels; evidentiary law – special damages and admissibility of secondary evidence (s.64 Evidence Act); damages – special damages must be specifically pleaded and proved; general damages discretionary; interest and costs awarded.
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28 September 2017 |
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Regulation prescribing UGX120,000 taxi/user fee upheld; applicant’s ultra vires and constitutional challenges dismissed.
Administrative law – Authority to levy fees under Kampala Capital City Act (ss.5,7,82) – Validity and presumption of constitutionality of statutory instruments (Kampala Capital City (Commercial Road User) Regulations SI No.3/2015) – Ultra vires challenge to fee conflicting with ministry policy – Constitutional claims under Articles 21, 26, 45 rejected.
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28 September 2017 |
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An objector in actual possession at attachment is entitled to release of the property from execution despite title disputes.
Execution — Attachment of land — Objector proceedings focus on possession at date of attachment rather than absolute title — possession in own right entitles release from attachment; disputed title requires separate proceedings — procedural irregularities in annexures not fatal where substantive justice demands.
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27 September 2017 |
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Applicant granted unconditional leave to defend summary suit after showing bona fide triable issues despite affidavit technical defect.
Civil procedure – Summary procedure (O.36 CPR) – leave to appear and defend – requirement to show bona fide triable issue; Affidavit formalities – undated jurat – commissioners’ duty; O.6 r.2 CPR – annexures/summary of evidence; Concurrent proceedings/possible double recovery; Article 126 – avoidance of technicalities.
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24 September 2017 |
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Execution court pierced corporate veil where directors used company as façade to evade contractual obligations and frustrate judgment enforcement.
Execution law; corporate veil – piercing corporate personality for fraud and deliberate evasion of contractual obligations; executing court’s jurisdiction under s.34 CPA; directors as directing mind and will; execution against controllers and directors.
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18 September 2017 |
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A non-taxpayer who was not the original applicant cannot appeal for costs after failing to obtain a private tax ruling.
Tax law – Private rulings – Commissioner General’s discretion under s.161(1) – Tax Appeals Tribunal appellate jurisdiction under s.17 and rule 14(1) – Proper party to appeal – Costs where appellant was not original applicant.
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13 September 2017 |
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Leave to appeal denied where pleaded admissions were factual, not unequivocal admissions warranting judgment on admission.
Civil procedure — leave to appeal — requirement of arguable points of law meriting serious judicial consideration; Judgment on admission — admission must be unequivocal and sufficient to dispose of claim; Discretionary orders — stronger case needed for leave to appeal; Appealability — grounds must arise from the impugned ruling, not from matters yet to be tried.
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13 September 2017 |
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Review application dismissed: alleged errors on the face of the record were not patent or self-evident.
Civil procedure – Review – Error apparent on the face of the record; Interpretation of contract terms – effect of heading referencing Money Lenders Act; Forfeiture clauses – legal effect and differing interpretations; Unconscionable interest – consideration at preliminary stage; Review not a substitute for appeal.
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12 September 2017 |
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Allegations of backdating and document smuggling failed where only clerical errors existed and no prejudice was proved.
Civil procedure – summary suit – leave to appear and defend – alleged document backdating, smuggling and replacement – clerical errors (wrong party names, incorrect suit number) – curable under Order 6 r.18 CPR – requirement for concrete evidence to prove fraud or abuse of court process – no miscarriage of justice shown.
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11 September 2017 |
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Plaintiff’s plaint failed to disclose a cause of action against the bank which merely advanced a loan secured by the property.
Civil procedure — Preliminary objection — Failure to disclose a cause of action; Pleadings — only plaint and attachments considered; Contract — sale agreement versus independent loan facility; Security/mortgage — title as security for a third-party loan.
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11 September 2017 |
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Applicant's claim dismissed: goods supplied by a different company and applicant lacked authority and standing to sue.
Commercial law – contract and standing – cause of action – separate corporate personality and authorization – privity of contract – capacity to sue – amendment of pleadings at advanced stage – evidentiary value of bills of lading.
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11 September 2017 |
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A suit filed in the name of a non-existent plaintiff is a nullity and cannot be cured by substitution.
Civil procedure – Suit by non-existent plaintiff – A suit filed in the name of a non-entity is a nullity; substitution under Order 1 r.10 CPR unavailable where named plaintiff does not exist; misnomer must be bona fide to be curable; incurably defective pleadings warrant striking out with costs.
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8 September 2017 |
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Supplier who relies on third‑party logo must seek clarification from contracting party; failure to do so justified rejection of goods.
Contract law – Sale by description – goods must correspond to contractual description; Privity of contract – third‑party communications cannot vary contract between parties; Obligation to seek clarification from contracting party where specification is incomplete; Right to reject non‑conforming goods.
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7 September 2017 |
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Termination without required contractual notice entitled the plaintiff to indemnity and awards for special and general damages.
Contract law – Termination – Failure to comply with contractual notice and cure provision renders termination a breach. Contract law – Indemnity clause – Enforceability where breach causes provable losses
Damages – Assessment and proof of special (pecuniary) and general (loss of income/reputation) damages. Exemplary damages – Not awarded absent oppressive or calculated misconduct. Interest and costs – Commercial rate for proved pecuniary loss; court rate for general damages
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7 September 2017 |
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Court may order security for performance of an arbitral award where objector lacks known assets and risk of non‑recovery exists.
Arbitration – security for performance of arbitral award under section 34(5) and Rule 12 – court’s discretionary power – principles for ordering security same as security pending appeal/decree – absence of assets in jurisdiction may justify security – examples: irrevocable bank guarantee.
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6 September 2017 |
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Defaulting buyer liable for unpaid invoices; landlord must release plaintiffs' goods; contractual interest enforceable, aggravated damages denied.
• Commercial law – Sale of goods – retention of title clauses – vendor entitled to recover price and goods when buyer defaults. • Civil procedure – default/interlocutory judgment (Order 9) – liquidated demand recoverable where defendant fails to plead. • Contract law – contractual interest clauses enforceable as agreed damages if not penal/unconscionable; court may reduce excessive rates. • Detention of goods – landlord liable to release goods when plaintiff proves retained title and detention. • Damages – aggravated/exemplary damages not awarded absent evidence of malice or arbitrary conduct.
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6 September 2017 |
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Failure to deliver bitumen within the agreed/immediate timeframe was a breach; plaintiff awarded damages; counterclaim mostly dismissed.
Contract law – breach of supply contract for bitumen; interpretation of delivery obligation described as “immediately”; bank guarantee evidence and its effect; frustration of contract — scope and proof; CIF terms and allocation of risk; assessment of special and general damages; mitigation and counterclaim for losses.
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5 September 2017 |
| August 2017 |
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Written memorandum controls; oral variation inadmissible—plaintiff failed to prove breach and claim dismissed.
Contract law – interpretation of written memorandum; Evidence Act ss. 91–93 (parol evidence rule) – extrinsic oral evidence inadmissible to vary written terms; payment obligations and construction of clause specifying delivery of 4–5 vehicles; plaintiff failed to prove supply of 20 vehicles or breach; claim dismissed with costs.
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29 August 2017 |
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Whether an employer may unilaterally revise a project manager’s final payment certificate or must pay the certified amount.
Construction contracts – final certificate on termination (GCC 60.2) – creation of debt due – functus/estoppel – Employer cannot unilaterally replace Project Manager's final certificate; payments due within 30 days (GCC 43) – entitlement to interest for late payment.
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28 August 2017 |
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Wrongful registration of mortgage on the wrong title merits nominal damages and refund, and prevents sale until accounts are reconciled.
Property law – mortgage – erroneous registration of mortgages on wrong certificate of title – mortgagor/ mortgagee obligations and remedies
Remedies – nominal damages and restitution of charges where wrongful encumbrance proven but no proved pecuniary loss
Mortgage Act/Mortgage Regulations – statutory procedure for notices, redemption and consequences of deposit/payments to forestall sale. Civil procedure – counterclaim dismissal where specific damages not proved; account reconciliation where outstanding balance disputed
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28 August 2017 |
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Leave to defend granted where tenant raised triable issues over loan-penalty liability and unclear party relationships.
Order 36 CPR – summary suit – leave to defend – triable issue test; Contractual liability – recovery of third-party loan penalties – requirement of express undertaking; Pleadings – unclear relationships between parties raising triable issues.
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25 August 2017 |
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Plaintiff failed to prove title to the trailer; earlier purchaser held legal title and no conversion occurred.
Sale of Goods Act – transfer of property in specific goods – timing of transfer (ss.18–19); conflicting sale agreements; bona fide purchaser and voidable title; conversion – requirement of wrongful dominion; weight of police report and prosecutorial advice as evidence.
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24 August 2017 |
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Plaintiff breached the subcontract by failing to secure the head contract; defendant wrongfully terminated; court orders specific performance.
Contract law – subcontract – failure to secure head contract amounts to breach; specific performance clause as exclusive remedy; wrongful termination where contract prescribes specific performance; insufficiency of evidence to prove sabotage; counterclaim for monetary relief declined.
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24 August 2017 |
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The respondent’s oral guarantee claim (exceeding statutory value and based on deception) was unenforceable and dismissed.
Contracts Act – s.10(5)–(6) and s.68 – form of contract and guarantees; enforceability of oral guarantees exceeding statutory currency point threshold; requirement of tripartite relationship (creditor, principal debtor, guarantor); misrepresentation/unclean hands defeats equitable relief; pleadings and cause of action in guarantee claims.
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24 August 2017 |
