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Citation
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Judgment date
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| October 2019 |
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4 October 2019 |
| September 2019 |
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Applicant granted extension and leave to amend plaint to reinstate fraud particulars after documents were discovered, subject to costs and timetables.
Civil procedure – Amendment of pleadings – Enlargement of time to seek leave to amend after Scheduling Conference – Newly discovered documents in applicant’s archives – Order 6 r 19 CPR; Abuse of process – Reinstating fraud particulars – bona fides and prejudice; Costs and procedural conditions to mitigate prejudice.
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27 September 2019 |
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Court limited to statutory arbitration remedies; late award alone is not reviewable and repetitive applications are abuse of process.
Arbitration — limited court intervention — Arbitration and Conciliation Act sections 9, 31, 33, 34 — delay in award delivery not automatically vitiating — proper remedy to challenge award is section 34 setting aside — abuse of process for successive time‑barred applications.
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25 September 2019 |
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Transfers of a company's exploration licence were void for lack of quorum/notice; conduct amounted to fraud on the minority and veil was lifted.
* Company law – derivative action – fraud on the minority – reflective loss and standing to sue.
* Company law – meetings and resolutions – quorum, notice and validity of directors' decisions.
* Directors' duties – duty to act in good faith, avoid conflicts and statutory compliance; breach and remedies.
* Corporate personality – lifting the corporate veil where corporate form used as cloak for fraud; group control.
* Remedies – declarations nullifying transfers, audit of accounts, return/benefit to nominal company, interest and costs.
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19 September 2019 |
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Whether a default judgment on a liquidated loan claim must follow Order IX r6 and the appropriate award of principal, interest and damages.
Civil procedure – default judgment on liquidated demand – Order IX r6 applies, not Order IX r8; Proof of indebtedness – correspondence and acknowledgments; Damages – requirement of evidence to establish general damages; Interest – court’s discretion to moderate contractual/claimed rate; Costs – plaintiff entitled to costs where judgment entered.
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17 September 2019 |
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Application to set aside default judgment dismissed after court struck off affidavits for deliberate falsehoods, awarding costs to respondent.
Civil procedure – setting aside default judgment – requirement of bona fide defence and credible excuse for delay; affidavits – material falsehoods and inconsistencies – striking off affidavits – dismissal of application; costs awarded.
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3 September 2019 |
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A corporate plaintiff’s name misnomer was curable; suit proceeds after amendment where registry records and admissions establish identity.
Company law – corporate name variation / misnomer – whether plaintiff is a nonexistent entity – Order 1 Rule 10 CPR – curable misnomer where incorporation records and defendant’s admissions establish identity – amendment of plaint ordered.
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3 September 2019 |
| August 2019 |
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Mortgagee entitled to vacant possession where borrower defaulted and statutory Mortgage Act notices were complied with.
Mortgage law – enforcement of mortgage – statutory notices of default (s.19) and notice of sale (s.26) under the Mortgage Act 2009 – borrower’s default and failure to respond – entitlement to vacant possession and costs.
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27 August 2019 |
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26 August 2019 |
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A bank in receivership lacked capacity to sue and its land claims were barred because it was a noncitizen; suit dismissed.
* Financial Institutions Act – receivership – section 96 bars proceedings against a financial institution in receivership; Receiver lacks statutory authority to sue. * Companies under statutory management and liquidation – instances when Central Bank or liquidator may litigate (s89, s100). * Cause of action – transfer of assets/liabilities during receivership extinguishes proprietary interest. * Land law – noncitizen companies cannot hold freehold/mailo land (Constitution art 237; Land Act s40). * Costs – party who instituted proceedings while respondent lacked capacity should pay.
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26 August 2019 |
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Buyer entitled to rescind and full refund where sold land was 1.5 acres short, constituting fundamental breach.
Sale of land – contractual warranty as to acreage and title – shortfall in acreage (1.5 acres) held a fundamental breach – rescission and refund of purchase price awarded; failure to prove squatting; damages and interest awarded.
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23 August 2019 |
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Suit dismissed for forum non conveniens because parties chose English law and the plaintiff failed to justify suing in Uganda.
Contract – choice of law and forum clauses; non-exclusive jurisdiction – burden on claimant to prove strong reasons to sue outside chosen forum; forum non conveniens – balance of convenience, witness location, costs and judicial expertise; effect of prior foreign proceedings.
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16 August 2019 |
| July 2019 |
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A contracted carrier remains liable for loss of goods despite subcontracting; plaintiff awarded special and general damages.
Contract law – Carrier’s liability – duty to deliver safely remains with contracted carrier despite subcontracting; Assignment prohibited without consent – effect on liability; Proof of special damages – market valuation and reimbursed customs/VAT; Assessment of general damages and interest.
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12 July 2019 |
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A company officer cannot act as advocate without proper authority; refusing court-ordered counsel justified dismissal for abuse of process.
* Civil procedure – right of audience – corporate representation – managing director lacks locus to appear as advocate without power of attorney or resolution; Order 3 r.1; Order 29 r.1.
* Judicial administration – judicial independence and allocation of business – Principal Judge may allocate but not direct judicial conduct (s.20 Judicature Act).
* Inherent jurisdiction – abuse of process and delay – court may dismiss for non-compliance with directions and to prevent abuse (s.98 Civil Procedure Act; s.33 Judicature Act).
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11 July 2019 |
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A supervisor with continuing contractual duties may be joined despite privity; preliminary objection dismissed.
* Construction law – Supervisor's obligations – verification of Draft Final Statement of Account; issuance of Final Statement of Account and Final Acceptance (Articles 5, 51, 62).
* Contract law – Privity and agency – agent of a disclosed principal generally not liable, but continuing contractual duties may make agent's presence necessary.
* Civil procedure – Cause of action – plaint to be read with attachments; preliminary objection on disclosure of cause of action.
* Civil procedure – Joinder (Order 1 Rule 3) – party may be joined if their presence is necessary for complete adjudication.
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8 July 2019 |
| June 2019 |
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DTC bars withholding tax on intercompany lease payments absent a permanent establishment; VAT input credit recoverable despite supplier non-remittance.
* Tax – Double Taxation Convention – Intercompany lease payments – Withholding tax – Permanent establishment required for taxation under DTC; * Tax procedure – VAT input credit – purchaser not required to verify supplier remittance – tax authority’s duty to pursue collector; * Relief – injunction restraining collection, refund of input VAT, damages and costs.
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19 June 2019 |
| May 2019 |
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Applicant’s failure to provide required advance security and submission of false claims justified termination; counterclaim succeeds.
Construction contract – advance payment – requirement for on-demand advance payment security – effect of failure to provide security; Interim payment certificates – rejection where claims unsubstantiated or false; Termination – justified for non-performance and false claims; Counterclaim – valuation and set-off; Interest award discretionary (15% p.a.).
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24 May 2019 |
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23 May 2019 |
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The applicant’s unauthorized substitution of contract-specified components caused contract failure; claim dismissed with costs.
* Contract/subcontract – obligation to procure contract-specified components – requirement to source from specified supplier/location and consequences of unauthorized substitution. * Performance/termination – responsibility for delay and contract termination attributable to subcontractor’s breaches. * Supply terms – FOB supply and allocation of payment risk between subcontractor and supplier. * Remedies – claim for unpaid sums dismissed where claimant’s breaches caused contract failure and part payments unexplained.
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3 May 2019 |
| April 2019 |
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Plaintiffs recover UGX 90,000,000 plus interest and costs after failed microfinance agreement and forged title.
Contract formation – Memorandum of Understanding creating loan/venture capital; evidential corroboration; recovery of monies where venture fails; forged security instrument; award of damages, interest and costs.
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25 April 2019 |
| March 2019 |
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Court entered judgment on admission where pleadings and correspondence constituted clear admissions; POA allowed suit against the individual.
* Civil Procedure – Judgment on admission – Order 13 r 6 – admissions may arise from pleadings and correspondence; Order 13 r 4 permissive not mandatory.
* Evidence – Admission – must be precise and unambiguous to found judgment on admission.
* Agency / Locus standi – Power of attorney construed broadly to permit suit against identified person.
* Company law – Corporate veil – cannot be invoked to evade obligations freely undertaken where person acted as voice of the company.
* Remedies – Contracts Act s.61(1) – damages and interest for breach of contract.
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25 March 2019 |
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Affidavit omitting the source of factual information is incurably defective and must be struck out, rendering the application incompetent.
Affidavit — Order 19 r 3 CPR — requirement to confine to facts within deponent’s knowledge; where based on information, source must be disclosed — affidavit by counsel — factual averments outside counsel’s knowledge — non-disclosure of source is fundamental and renders affidavit incurably defective — severance not available to cure such defect — striking out affidavit and dismissal of unsupported application.
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22 March 2019 |
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An affidavit failing to disclose the source of information is incurably defective and warrants striking out and dismissal of the supported application.
Civil procedure – Affidavit – Order 19 r 3 CPR – affidavit based on information must disclose source – non-disclosure renders affidavit incurably defective; affidavit by counsel – distinction between matters of law and facts; severance not always curative.
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22 March 2019 |
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Application for extension to appeal dismissed for procedural impropriety, abuse of process and inordinate delay.
Administrative law – Extension of time to appeal – Procedural requirements under Electricity Tribunal Proceedings Rules and Order 44 r(3) CPR – Res judicata requires prior decision on merits – Abuse of process and inordinate delay – Striking out premature application.
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22 March 2019 |
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Court dismissed trademark injunction, holding customs lawfully escorted transit goods and foreign orders require local registration.
* Intellectual property – trademark territorial rights – limits of enforcement of foreign judgments and injunctions without local registration; * Customs law – transit versus importation – obligation to facilitate legitimate transit and hand over to destination state; * International/cooperative enforcement – need for reciprocal arrangements (EAC Customs Management Act s.10(3)); * Evidence – burden to prove smuggling/dumping and causal link to alleged defendant.
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21 March 2019 |
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19 March 2019 |
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Applicant found served, was a named borrower, affidavit struck out for falsity; application dismissed with costs.
Civil procedure – service and notice; Written statement of defence – binding effect when filed by instructed counsel; Contract law – characterization of signatory as borrower under financing agreement; Affidavits – deliberate falsehoods warrant striking out; Interlocutory relief – attachment/security and consequences of non-compliance.
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19 March 2019 |
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Breach of land sale: plaintiffs awarded recovery, substantial general damages and interest; punitive damages denied.
Contract for sale of land; breach by non-delivery of agreed parcel; proof of payments by receipts and acknowledgements; substituted service and default judgment; assessment of general damages; refusal of punitive damages for lack of malicious conduct; interest awarded for deprivation of use of funds.
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15 March 2019 |
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Temporary injunction granted where sale procedures under the Mortgage Act were not shown to have been complied with, pending the main suit.
* Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience. * Mortgage law – requirements for sale of mortgaged property – compliance with statutory notices (Mortgage Act s.26(2)) and Mortgage Regulations. * Evidence – insufficiency of proof of statutory notice renders sale process flawed and may justify preservation of status quo.
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4 March 2019 |
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Temporary injunction granted where mortgagee failed to prove service of statutory sale notices; balance of convenience favoured applicant.
Civil procedure — temporary injunction — prima facie case, irreparable injury, balance of convenience; Mortgage Act s.26(2) — statutory notices for sale; Mortgage Regulations — security deposit requirement; defective sale/advertisement of mortgaged property.
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4 March 2019 |
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Applicant granted unconditional leave to defend summary suit due to triable disputes over loan amounts, outstanding balance and securities.
Civil Procedure – Order 36 (summary suits) – Application for leave to defend – Defendant need only show bona fide triable issues, pleaded in good faith and with sufficient particularity – Disputed loan amounts, inconsistent loan/bank statements, and missing/partial mortgage documentation raise triable issues warranting unconditional leave to defend.
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1 March 2019 |
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Court upheld the taxing master's UGX 90,000,000 instruction fee, finding no error of principle despite high subject-matter value.
* Taxation of costs – instruction fees – application of Schedule 6 of Advocates (Remuneration and Taxation of Costs) Rules – value of subject matter as factor.
* Civil procedure – appeal from taxation – interference only for error of principle or manifestly excessive/low award.
* Consent/compromise on decree – effect on costs claims – consent limited to partial satisfaction of general damages.
* Miscellaneous application pending – court records show dismissal, taxation reference not stayed.
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1 March 2019 |
| February 2019 |
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Contingency reserves required by insurance law are not deductible for income tax; assessment was not time‑barred.
* Taxation – Insurance business – Contingency reserves under Insurance Act – Whether deductible under paragraph 3 of 4th Schedule of Income Tax Act – Held not deductible as they are appropriations/retained earnings, not expenditures.
* Tax procedure – Limitation – Sections 95 and 97 Income Tax Act – Burden to plead and prove filing dates to establish time‑bar – failure to plead or adduce evidence defeats the defence.
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20 February 2019 |
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Court entered judgment for UGX 32,000,000 on an unequivocal admission in the defence and ordered 25% interest from 24/6/2016.
Civil procedure – Order 13 r.6 – Judgment on admission in pleadings – Unambiguous admission in defence – Effect of non-appearance after service – Interest on admitted sum – Residual claim to proceed to hearing.
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15 February 2019 |
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Court entered judgment on a clear admission in defence for UGX 32 million and awarded 25% interest, reserving the residual claim for hearing.
Civil procedure – Judgment on admission – Order 13 rule 6 CPR – Admission in pleadings must be clear and unambiguous – Non-appearance after substituted service may be treated as affirmation of admission – Interest awarded on admitted sum.
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15 February 2019 |
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Court granted interlocutory injunction to prevent director’s disruptive interference with company bank accounts and business pending main suit.
* Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable injury, balance of convenience.
* Corporate law – director’s communications with banks – interference with company affairs and preservation of status quo.
* Order 41 CPR – power to grant temporary injunction to prevent wasting, damaging or alienation of property.
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15 February 2019 |
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An insurer’s unapproved post-issuance policy variation fails; insured entitled to indemnity under original "all risks" marine policy.
Marine cargo insurance – formation and operative policy – material post-issuance alteration requires regulatory approval (Insurance Act s.35) – "All Risks" cover upheld – error and omissions clause protects unintentional non-disclosure – vessel age non-disclosure defence rejected – total constructive loss established – indemnity, general damages, interest and costs awarded.
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14 February 2019 |
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Application for stay pending appeal dismissed for failure to show arguable appeal, irreparable loss or requisite security.
Stay of execution — Order 43 r.4 CPR — requirements: notice of appeal; no unreasonable delay; likelihood of success; risk of appeal becoming nugatory; substantial/irreparable loss; security for due performance — execution by arrest/civil imprisonment — constitutional and ICCPR considerations.
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13 February 2019 |
| January 2019 |
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Applicant’s claim that an insured salary loan should be paid by the insurer raised a bona fide triable issue, so leave to defend was granted.
Civil procedure – summary judgment under Order 36 – leave to appear and defend – bona fide triable issue required; Insured salary loan – insurer’s liability on job loss; Account reconciliation/audit where amount disputed.
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25 January 2019 |
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Applicant raised a bona fide triable issue that an insurance policy, not the applicant, may cover the outstanding loan.
Civil procedure — Order 36 r3-4 & Order 52 r1 — leave to appear and defend in summary suit — requirement of bona fide triable issue; Insured salary loan — contention that insurer, not borrower, liable after job loss; Dispute as to amount requiring reconciliation/audit; Proposed written statement of defence can demonstrate triable issues.
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25 January 2019 |
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Ex parte inspection and seizure under s.79 TMA granted where applicant showed prima facie infringement and risk of concealment.
* Trade Marks – s.79 Trademarks Act – ex parte inspection and seizure – Anton Piller style order – prima facie infringement and risk of concealment required. * Remedies – inspection, inventory and removal of infringing materials – presence of High Court bailiff and designated Trademarks inspector as procedural safeguard. * Costs – to abide outcome of main suit.
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25 January 2019 |
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Court allowed respondent’s late affidavit in reply but validated the extension and ordered respondent to pay adjournment costs.
Civil procedure – late filing of affidavit in reply – court’s discretion to extend time – factors: extent of delay, reasons, prejudice and accountability – Article 126(2) not a license to disregard procedural time limits – costs as sanction for delay.
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25 January 2019 |
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Court found defendant delivered 800 plates, must deliver remaining 200 or pay current price with interest and costs.
* Contract law – sale of goods – formation and performance of contract for supply of goods. * Breach of contract – non-delivery of agreed goods; specific performance or monetary compensation. * Evidence – weight of contemporaneous demand letter and invoice entries ("NT") in determining delivery. * Remedies – delivery or current market price, interest on undelivered goods, costs. * General damages – denied where loss attributable to claimant and duplicative of claim.
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22 January 2019 |
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Whether an acquiring bank is liable for salary deductions under transferred employment contracts — court finds liability and awards damages.
Banking law – banker–customer relationship and unauthorized account deductions; Employment law – transfer of contracts on business transfer (Employment Act s.28); Purchase of assets agreement – excluded liabilities and indemnity clauses do not preclude suit against buyer; Jurisdiction – commercial vs labour jurisdiction; Remedies – proof of special damages, award of general damages, interest, denial of exemplary damages.
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15 January 2019 |
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Instruction fees must be calculated under the sixth schedule formula where the claim value is ascertainable.
Advocates' costs – Taxation of costs – Sixth schedule of Advocates (Remuneration and Taxation of Costs) Rules S.I. 267-4 – Mandatory formula where subject-matter value ascertainable – item 1(a)(iv) and item 1(a)(iii) (settlement/withdrawal) – taxing officer’s discretion limited/removed – taxation award set aside and bill remitted.
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14 January 2019 |
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A transferee court requires a verified EACJ judgment and proper transfer; invalid service and sovereign/immunity principles bar garnishment.
EACJ judgments – enforcement requirements – verified judgment and specific transfer order required for transferee court jurisdiction; Service of process – branch inviolability and consent under Branch Office Agreement; Locus standi – agent cannot sue in own name; Post-judgment discovery – permissible but limited and relevant to attachable assets; International organisations and sovereign entities – process and jurisdictional immunity; Attachment – shares/dividends arising from shareholder status not readily garnishable.
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6 January 2019 |
