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210 judgments found.
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December 2017
21 December 2017
Applicant failed to show delay would be brief or a real risk of irrecoverability; deposit of the certified sum was refused.
Civil procedure — Security for payment — Whether court should order deposit of disputed contractual payment pending suit — Applicant’s burden to show expeditious disposal and risk of irrecoverability
Contract — Final payment certificate — Effect of withholding or depositing certified sums and entitlement to contractual interest
Civil procedure — Prosecution of suit — Court’s consideration of delays and party participation in scheduling
21 December 2017
Fraudulent ex parte judgment and execution annulled; owner’s title reinstated and transfers cancelled.
Civil procedure — Execution and sale — Attachment and sale based on ex parte judgment obtained without proof of service
Property law — Title — Cancellation of transfers and reinstatement of registered proprietor where transactions founded on fraud
Evidence — Forgery and false identity — Effect on validity of judgment, execution and subsequent transfers
14 December 2017
November 2017
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.
23 November 2017
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
20 November 2017
Application to set aside default judgment dismissed because substituted service by newspaper was effective.
Civil procedure
— Service of process — Substituted service by publication under Order 5 r 18 — Effectual as personal service
— Setting aside default judgment — Order 36 r 11 — Requirement to show ineffective service or good cause to set aside decree
9 November 2017
Reconciliation held binding; plaintiff indebted, financier liable as beneficiary, damages and interest awarded.
Contract
— Sale of aircraft — Validity of reconciliation and allegation of duress
— Third‑party beneficiary — Financier's undertaking creates enforceable rights for the seller
Remedies — Interest and damages — Agreement‑based interest and award of general damages for loss of use of funds
2 November 2017
Default judgment upheld: effective service on director and no sufficient cause shown to set aside ex parte decree.
Civil procedure — Setting aside default judgment
— Effectiveness of service on a corporation by service on a director or principal officer — Order 29 rr.1–2; Order 9 r.27
— Requirement to show "sufficient cause" for non-appearance to set aside an ex parte decree — authorities on sufficient cause
2 November 2017
The applicants' application to set aside a default judgment was dismissed for effective service and lack of sufficient cause.
Civil Procedure
— Default/ex parte judgment — Setting aside under O.9 r.27 CPR — Requirement to show lack of service or sufficient cause
— Service on corporations — Service on director or principal officer at company premises constitutes effective service (O.29 r.1–2)
— Sufficient cause to set aside decree — Necessity to plead and prove circumstances preventing appearance (illness, advocate mistake, ignorance)
2 November 2017
Injunction to restrain reprocurement pending adjudication dismissed for lack of triable issue and adequate remedy.
Arbitration — Interim relief — Injunction pending adjudication — Requirements: prima facie case, irreparable harm, balance of convenience — Arbitration and Conciliation Act
2 November 2017
Impounded vehicle was unlawfully retained; seller lost lien on delivery and buyer entitled to rescind and recover deposit and damages.
Contract law — Sale of goods — Unpaid seller’s lien — Loss of right to retain goods after delivery where no lien preserved
Civil procedure — Pleadings — Award of unpleaded and unproved parking/security fees — Not permissible
Appeal — Counterclaim — Failure to determine counterclaim and make reasoned findings — Ground for setting aside judgment
2 November 2017
October 2017
Bank entitled to recover mistakenly credited funds with commercial interest; counterclaim dismissed and costs awarded.
Commercial/Banking law — Mistaken payment / unjust enrichment — Recovery of mistakenly credited funds and interest — Award of commercial rate interest — Civil Procedure Act s.26(2)
Civil procedure — Counterclaim and costs — Dismissal for lack of merit / procedural default — Costs follow the event — Civil Procedure Act s.27(2)
31 October 2017
Amendment refused where plaintiff was not party to the contract and proceedings were tainted by fraud.
Civil procedure — Amendment of pleadings
— Whether leave to amend permissible where original claim founded on contract to which plaintiff was not party — Amendment cannot cure or promote illegality
— Change of cause of action — New claim requires fresh suit (subject to Limitation Act)
27 October 2017
Application to set aside default judgment dismissed for ineffective evidence, effective substituted service, and absence of pleaded defence.
Civil procedure — Setting aside ex parte judgment — Sufficiency of reasons and necessity of attaching a defence — Default judgment review
Evidence — Affidavit by illiterate person — Non‑compliance with Illiterates Protection Act renders affidavit inadmissible
Civil procedure — Service of process — Substituted service and service by publication justified where defendants make themselves unavailable
26 October 2017
Whether the Uganda Revenue Authority is liable in tort for vandalisation of goods in its customs custody.
Civil tort — Liability for damage to goods in customs custody — Whether authority liable for vandalisation of goods in its warehouse
Evidence — Place of loss — Use of inspection reports, witness evidence and photographs to establish where vandalisation occurred
Damages — Assessment of repair costs and general damages for prospective income — Award and interest rates
26 October 2017
25 October 2017
Consent judgment upheld: managing director’s authorised consent binds the company; no fraud, duress or misrepresentation proved.
Civil procedure — Consent judgments — Setting aside consent judgment for fraud, misrepresentation, mistake or duress
Company law — Corporate agency and authority — Managing director's acts bind the company; indoor management rule applies
Civil procedure — Counsel negligence — Inadequate legal guidance is not a ground to set aside a consent judgment absent vitiating factors
25 October 2017
Written website‑development agreement enforced; defendant liable for breach after issuing dishonoured cheques.
Contract law
— Formation — Written website‑development agreement bearing company seal — Valid and enforceable
— Breach — Dishonoured cheques and stopped payment — Entitlement to contract sum and damages
Civil procedure — Counterclaim — Oral contract alleged without evidence — Burden of proof
20 October 2017
Admissions and partial payments established indebtedness; plaintiff awarded UGX24M, UGX10M damages, 20% interest and costs.
Civil procedure — Evidence — Admissions under Evidence Act s57 — Effect of admissions and part payments on proof
Remedies
— Damages — General damages for loss of use/loss of profit due to non-payment
— Interest — Award of pre‑judgment and post‑judgment interest; court's power under Civil Procedure Act s26(2)
16 October 2017
Court allowed out‑of‑time filing of reply and defence due to counsel's illness and mistake, ordering filing within 10 days.
Civil procedure
— Extension of time — Leave to file reply to WSD and defence to counterclaim — Illness and mistake of counsel as sufficient cause — Section 98 Civil Procedure Act
— Jurisdiction — Functus officio — Court retains jurisdiction where no final judgment or ruling has been entered
11 October 2017
A vendor's failure to deliver vacant possession entitles the purchaser to refund, general damages, interest and costs.
Contract law — Sale of land — Failure to give vacant possession — Entitlement to refund and general damages — Contracts Act s.61(1)
Civil procedure — Default judgment / failure to defend — Admission of allegations and assessment of quantum — Civil Procedure Act ss.26(2), 27(2)
11 October 2017
Director acted for the company, not personally liable; MOU compromise bound the company, appeal allowed.
Contract law — Commission agreements — Capacity to sue and liability where director signs for the company
Company law — Directors’ authority — Distinguishing acts in a personal capacity from acts as directing mind/agent of the company
Civil procedure — Settlement/MOU — Counsel’s apparent authority to compromise proceedings binds the client
4 October 2017
Whether Uganda’s High Court can hear the dispute despite a South African jurisdiction clause and guarantors' liability.
Civil procedure — Jurisdiction — Effect of foreign jurisdiction clause and discretion of Ugandan High Court to exercise jurisdiction
Contract law — Formation and proof — Admissibility and weight of invoices, bills of lading and signature comparison in proving contract and delivery
Commercial law — Guarantees and suretyship — Personal liability of directors under deed of suretyship and cession
3 October 2017
Court stayed execution against an international bank pending appeal, conditional on a bank guarantee and mediation.
Public international law — Immunity of international financial institutions — Attachment immunity under the EADB Charter and East African Development Bank (Amendment) Act 2015
Civil procedure — Stay of execution — Conditions for grant: balance of convenience, security (bank guarantee), and risk of rendering appeal nugatory
Alternative dispute resolution — Mediation — Court may order mediation to explore enforcement alternatives where immunity is claimed
2 October 2017
Court allowed joinder of the respondent allegedly involved in fraudulent transfer of a mineral exploration licence as a necessary party.
Civil procedure — Joinder of parties
— Necessary party — Whether a defendant must be joined where its presence is required to effectively and completely settle questions in the suit
— Presence despite no cause of action — A party may be joined even if there is no direct cause of action against it to avoid multiplicity of proceedings
2 October 2017
Whether defendants' misrepresentation and a valuer's warning determine liability for the bank's loan loss.
Banking law — Loan security — Misrepresentation and fraud in obtaining mortgage security
Tort — Professional negligence (valuation) — Duty, reliance and causation where valuer warned client that resurvey required
Civil procedure — Third‑party indemnity — Right to fair hearing before adjudicating third‑party indemnity claims
2 October 2017
September 2017
Court found contractual breach and awarded general damages, but dismissed special damages for inadequate documentary proof.
Commercial law — Contract — Breach for failing to remit escrow proceeds and procuring supplies outside agreed channels
Arbitration — Referral to arbitration clause — Court will not refer matter absent application under s.5(1) of the Arbitration and Conciliation Act after defence filed
Evidence — Special damages and documentary proof — Special damages must be specifically pleaded and proved; secondary evidence admissibility requires compliance with s.64 of the Evidence Act
28 September 2017
Whether KCCA lawfully levied a UGX 120,000 commercial road‑user fee under SI No. 3 of 2015.
Administrative law — Local government taxation — Validity of fees levied under Kampala Capital City (Commercial Road Users) Regulations SI No. 3 of 2015 — Statutory authority to levy UGX 120,000 user fee
Constitutional law — Alleged breach of Articles 21, 26 and 45 — Challenge to municipal fee as ultravires against Ministry policy
28 September 2017
Objectors in actual possession are entitled to release of property wrongly attached despite title disputes and minor procedural defects.
Civil procedure — Execution/attachment
— Objector proceedings — Possession as decisive inquiry for release from attachment
— Effect of non‑party registered lessee on attachment — Title disputes not determinable in objector proceedings
Civil procedure — Evidence and procedure — Procedural irregularities in annexures — Article 126 prevents technicalities defeating substantive justice
27 September 2017
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.
24 September 2017
Court pierced the corporate veil for fraud and ordered controllers and directors to pay the decretal sums jointly and severally.
Company law — Corporate veil — Lifting corporate veil for fraud and deliberate evasion of contractual obligations — Companies Act s.20
Civil procedure — Execution — Executing court’s jurisdiction to determine matters relating to execution without fresh suit — Civil Procedure Act s.34(1)
Enforcement — Directors as directing mind and controllers — Directors liable where company used as façade to defraud creditors
18 September 2017
A consultant who was not the original applicant lacked standing to appeal and cannot recover costs.
Tax law
— Private rulings — Requirement and discretion to issue private rulings — s161 Income Tax Act
— Appeals to Tax Appeals Tribunal — Locus/standing of appellant who was not original applicant — s17 Income Tax Act; Rule 14(1) Tax Appeals Tribunal (Procedure Rules)
Civil procedure — Costs — Whether wrong or non‑party appellant may be awarded costs
13 September 2017
Leave to appeal refused where factual admissions of bank fees did not suffice to warrant judgment on admission.
Civil procedure
— Appeals — Leave to appeal interlocutory ruling — Whether arguable points of law arise from the ruling — Order 44 & O.52 CPR
— Judgment on admission — Sufficiency of admissions — Whether factual admissions that banks charge fees amount to admission of unlawfulness
13 September 2017
Applicant’s review dismissed: alleged errors on the face of the record were not manifestly established.
Civil procedure — Review — Error apparent on the face of the record — Requirements for patent, self‑evident error under O.46 r.1 CPR and S.82 CPA
Contract law — Interpretation — Effect of contractual heading referencing Money Lenders Act — Heading construed as part of the document on its face
Civil procedure — Illegality/unconscionable interest — Whether such issues may be raised preliminarily — Illegality may be considered at any stage
12 September 2017
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.
11 September 2017
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.
11 September 2017
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.
11 September 2017
A suit brought in the name of a non-existent company cannot be cured by substitution and is struck out with costs.
Civil procedure
— Parties — Non‑existent plaintiff — Whether a suit by a non‑existent entity can be cured by substitution under Order 1 r 10
— Amendment/Substitution — Requirement of bona fide mistake and existence of the wrongly named party
8 September 2017
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.
7 September 2017
Whether wrongful termination without contractual notice entitles the plaintiff to indemnity and damages.
Contract law
— Termination — Compliance with contractual notice and remedy provisions (cl.7.3.2)
— Indemnity & damages — Entitlement to special and general damages for wrongful termination (cl.12)
Remedies — Exemplary damages & interest — Appropriateness of exemplary damages and award of commercial interest on special damages
7 September 2017
Court ordered respondent to provide security for an arbitral award pending challenge due to lack of assets in Uganda.
Arbitration law — Security for performance — Court's discretion under section 34(5) Arbitration and Conciliation Act
Civil procedure — Security pending challenge to award — Principles for security for performance of decrees/appeals applied
Enforcement — Absence of assets within jurisdiction — Justifies ordering bank guarantee or other security
6 September 2017
Buyer’s non‑payment entitles sellers to contract price, release of detained goods and reasonable contractual interest; aggravated damages denied.
Commercial law — Sale of goods — Breach by buyer for non‑payment — Seller entitled to price and release of goods under contract and Sale of Goods Act
Civil procedure — Default judgment / interlocutory judgment — Liquidated demand and detention of goods — Assessment and entitlement where defendant fails to file a defence
Damages
— Contractual interest as agreed damages — Court enforces contractual rate if reasonable; will reduce excessive contractual rates
— Aggravated/exemplary damages — Not awarded absent evidence of malice, arbitrary or high‑handed conduct
6 September 2017
Buyer entitled to damages for supplier’s failure to deliver CIF cargo; frustration defence rejected; counterclaim largely dismissed.
Contract law — Sale of goods/CIF shipment — Breach for late/non‑delivery and refusal to produce bills of lading — Frustration — Contracts Act 2010 s66
5 September 2017
August 2017
Court holds written MOU governs; parol evidence cannot vary it and plaintiff failed to prove breach or entitlement to payment.
Contract law — Interpretation — Whether "100% is paid within two weeks after launch" refers to first batch (4–5) or entire consignment (20)
Evidence — Parol evidence rule — Admissibility of oral evidence to vary/contradict written contract — Evidence Act ss. 91–93
Contract law — Anticipatory breach — Requirement that it be pleaded and proved
29 August 2017
A project manager’s final payment certificate creates a debt and the employer cannot unilaterally revise it.
Contract law — Construction contracts — Final payment certificate upon termination — Effect and binding nature of Project Manager's final certificate — GCC 60.2 — Payment within 30 days
Public procurement — Contract management and certification — Verification before certification and limits on Employer unilateral revision — Procurement Regulations/GCC 42–43
Remedies — Late payment interest — Award of commercial interest and post‑judgment interest — court discretion
28 August 2017
Wrongful mortgage registration entitles nominal damages and bars mortgagee sale until accounts are reconciled.
Commercial/Property law
— Mortgages — Wrongful registration of mortgage on client's title — Remedies and damages
— Mortgage Act — Notice of sale and mortgagee's power of sale — Effect of partial redemption and requirement for reconciliation
Civil procedure — Evidence — Proof of special damages and counterclaims — Necessity of precise accounting to establish indebtedness
28 August 2017
Applicant granted leave to defend after court found triable issues on loan-penalty liability and ambiguous parties' relationships.
Civil procedure — Summary suit — Leave to defend — Requirement to show a triable issue under Order 36 CPR
Contract — Liability for third-party loan penalties — Need for an express contractual term to impose indemnity for respondents' loan penalties
Pleadings — Parties' relationships — Ambiguity in parties' relationships raises triable issues and defeats summary disposal
25 August 2017
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.
24 August 2017
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.
24 August 2017
Oral guarantees exceeding statutory monetary limits and arising from deceitful arrangements are unenforceable; suit dismissed.
Contract law
— Guarantees — Whether an oral guarantee exceeding statutory monetary threshold is enforceable — Contracts Act ss.10(5),(6),(7), 68
— Formation and parties to guarantee — Requirement of creditor, principal debtor and guarantor for enforceability
Equity — Clean hands — Whether misrepresentation in arranging release of goods bars enforcement of purported guarantee
24 August 2017
