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Citation
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Judgment date
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| December 2020 |
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Court granted a certificate of urgency to hear an application for stay of a bankruptcy order during Court vacation; costs to applicant.
* Civil procedure – Certificate of urgency – grant of certificate to enable hearing during Court vacation under Order 52 r1 & r3 CPR and Court Vacation Rules.
* Insolvency/bankruptcy – stay of execution/implementation of bankruptcy order – urgent hearing sought pending appeal.
* Public/constitutional interest – effect of bankruptcy on candidature and local government office as basis for urgency.
* Costs – applicant to bear costs of ex parte urgency application.
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30 December 2020 |
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Commercial Court lacked jurisdiction to appoint an administrator ad litem; matter transferred to Family Division with stay on evictions.
Succession law; substitution of deceased parties; Order 24 r.3 and Succession Act s.222 require proof of executor/legal representative status before substitution; jurisdiction of Commercial Division limited for appointment of administrators; preservation of status quo and transfer to Family Division; stay on evictions and transactions affecting suit property.
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29 December 2020 |
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Court granted a certificate of urgency to hear an interim application preventing alleged imminent eviction during court vacation.
Urgency — certificate of urgency — ex parte interim relief — imminent risk of eviction and possibility of irreparable harm — preservation of status quo during court vacation.
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29 December 2020 |
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Applicant granted leave to defend summary rent claim after raising triable issues on liability and trade fixtures.
Order 36 — summary procedure — leave to appear and defend — bona fide triable issues; Liquidated demand — computation and requirement for summary suit; Corporate personality — identity and proper party to a tenancy; Trade/temporary fixtures — entitlement to removal, valuation, and possible set-off; Dishonoured cheques — evidential weight in summary rent recovery.
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22 December 2020 |
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Court refused to vary registrar’s 30‑day security order but ordered Arab Contractors to withhold Shs 950,000,000 pending further orders.
* Civil procedure – review of registrar’s interlocutory orders – whether Registrar acted within s.98 CPA when granting time to furnish security. * Enforcement/ancillary relief – security by bank guarantee; attachment of machinery; third‑party fund withholding orders as protective relief. * Risk of asset dissipation and provisional measures to preserve subject funds.
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22 December 2020 |
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A guarantor undertaking signed without duress is enforceable; guarantors jointly liable upon principal's default.
Contract of guarantee – valid undertaking signed by guarantors – duress not established; Evidence Act s.92 – written document prevails; Contracts Act s.71 – guarantor’s liability crystallises on principal’s default; remedy – judgment for principal debt with interest and costs.
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22 December 2020 |
| November 2020 |
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Emails formed a binding contract; defendants (agents) breached it by not paying for medical services; plaintiff awarded damages.
* Contract formation — electronic communications/emails as data messages; enforceability under Contracts Act and Sale of Goods and Supply of Services Act.
* Agency — factual finding that defendants acted as agents/representatives of Pinnacle Group International.
* Breach of contract — non-payment for supplied medical services.
* Evidence — burden under s.101 Evidence Act; plaintiff failed to prove that USD 268,290 credited to second defendant was payment to plaintiff.
* Remedies — award of special and general damages, interest and costs.
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27 November 2020 |
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Review of liquidation order dismissed; no error apparent or new evidence justified setting aside the liquidation.
Insolvency/winding-up — Review of liquidation order — Grounds for review (error apparent, new evidence, other sufficient reason) — Right to fair hearing and adjournment applications — Allegations of res judicata and prematurity due to arbitration.
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15 November 2020 |
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Amendment to add a director denied; clarification of claim amount allowed to avoid multiplicity of proceedings.
Civil procedure – Amendment of pleadings (Order 6 r19; Order 1 r3) – discretion to allow amendments to determine real questions in controversy; corporate personality and privity of contract – director not automatically liable for company obligations; amendments refused where misconceived or premature; clarification of claim amount allowed to avoid multiplicity of proceedings.
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15 November 2020 |
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Applicant who accepted and signed commercial loan cannot later challenge interest rates or allege lender’s breach.
Contract law – formation and interpretation; approbation and reprobation – borrower who accepted and signed facility bound by its terms; Consumer protection – Bank of Uganda Financial Consumer Protection Guidelines (fairness, transparency) considered but did not nullify signed agreement; Agricultural Credit Facility (ACF) v. commercial loan – pre-approval disbursements may attract commercial rates; Loan restructuring – conversion of arrears into commercial loan where agreed; Remedies – no fraud, bad faith or damages where plaintiff knowingly contracted.
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12 November 2020 |
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A single‑day delivery delay did not justify termination; the respondent liable for breach and PILON awarded.
Contract formation – written service agreement – existence and signatures; Breach – whether single‑day delivery delay amounts to fundamental breach and justifies immediate termination; Conversion – wrongful detention of vehicles versus release and PILON; Counterclaim – set‑off/repayment of advances; Remedies – computation of PILON, special and general damages, and interest rates.
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9 November 2020 |
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Court granted conditional stay pending appeal subject to bank guarantee and cash security within 30 days.
Civil procedure – stay of execution pending appeal – prerequisites: timely notice of appeal, no unreasonable delay, security for due performance, risk of substantial/irreparable loss, likelihood of success – absence of draft grounds of appeal – conditional stay by bank guarantee and security deposit.
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6 November 2020 |
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Court set aside premature dismissal for want of prosecution, reinstated suit and stayed it pending related TAT proceedings.
Civil procedure – Review of judgment under s.82 CPA and O.46 r.1 CPR – Error apparent on the face of the record – Dismissal for want of prosecution – Order 17 r.5 & r.6 CPR – Lis pendens and abuse of process – Jurisdictional interplay with Tax Appeals Tribunal – Case management and administrative irregularities.
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6 November 2020 |
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Contributions to a statutory social security fund create a debt obligation; interest paid is deductible and prior tax authority guidance gave a legitimate expectation.
Tax law – statutory interpretation of "debt obligation" and "interest" – NSSF contributions as repayable obligations – allowable interest deduction under s.25(1) ITA; administrative law – legitimate expectation from tax authority letter; penal tax not payable where taxpayer reasonably relied on authority's prior position; appellate scope of High Court under TAT Act confined to questions of law.
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2 November 2020 |
| October 2020 |
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30 October 2020 |
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30 October 2020 |
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A bonded warehouse breached its custodial duty for a stored vehicle and must compensate proven general and special damages.
Commercial law – bonded warehouse liability for goods – custodial duty to keep imported vehicles safe; Evidence – reliance on diagnostic/repair reports and failure to obtain competing inspection; Damages – requirement that special damages be specifically pleaded and proved; Assessment of general damages and discretion to award interest and costs.
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30 October 2020 |
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Conditional leave to defend granted where salary-based loan dispute and alleged unoffset repayments raise triable issues.
Summary procedure – leave to appear and defend – triable issues of fact or law – dispute whether loan repayments were exclusively from employment salary – dispute as to amount claimed and alleged recoveries – conditional leave requiring security deposit.
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30 October 2020 |
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Bank breached disclosure duties through system failures; no fraud or duress proved; plaintiffs awarded damages and currency-adjustment relief.
Banker-customer relationship – duties of fairness, transparency and disclosure; failure to provide amortisation schedule and system errors; fraud requires strict proof; economic duress and unconscionability – requirements and burden; corporate authority and the "indoor management" rule; remedies: damages, interest, adjustment for currency prejudice.
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23 October 2020 |
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Suit dismissed as premature for failure to arbitrate, defective service, and reliance on an unstamped tenancy agreement.
* Arbitration – contractual arbitration clause – mandatory precondition to litigation – court cannot hear suit where parties have not submitted to arbitration or shown agreement to abandon it.
* Civil procedure – service of process – affidavit of service must state personal knowledge or identify the person served in compliance with Order 5 rule 16.
* Evidence / Stamps Act – chargeable document attached to pleadings must show stamp duty paid per section 42; unstamped document is severable and may defeat cause of action.
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20 October 2020 |
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Preliminary objections rejected; plaint discloses a cause of action against the applicant and may be amended and tried.
Civil procedure – preliminary objections – locus standi of corporate deponent; Cause of action – requirements: right, violation, wrongdoer – oral contract and written commitment; Misnomer/misjoinder – T/A usage and remedy by amendment; Order 7 Rule 11 (CPR) – rejection of plaint; Article 126(2)(e) – substantive justice over technicalities.
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16 October 2020 |
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Application to amend counterclaim to add necessary parties allowed to avoid multiplicity and enable complete adjudication.
Civil procedure – Amendment of pleadings under Order 6 r.19 – Joinder of parties under Order 1 rr.1,2,3 – Avoidance of multiplicity of proceedings – Discretion to allow amendments where necessary to determine real questions in controversy.
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13 October 2020 |
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7 October 2020 |
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Oral/partly written contract binding via director's ostensible authority; minor illegality reduced recovery; judgment for plaintiff.
Contracts – partly written and partly oral agreements; ostensible/apparent authority of company director binding the company; performance and substantial completion; illegality in performance (tax under-declaration) limiting recoverable items; damages, interest and costs for breach of contract.
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4 October 2020 |
| September 2020 |
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A written tenancy that authorised a market precluded breach claims; only demolition of one market toilet and modest restoration costs were ordered.
Tenancy law – construction and effect of written lease terms; tenant fixtures and obligations on termination; burden of proof for removal of temporary structures; enforceability of unsigned agreements; remedies available for alleged breach of tenancy.
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30 September 2020 |
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Respondent held liable for unpaid goods; special and general damages, interest and costs awarded to the applicant.
* Commercial law – sale on credit – proof of credit facility, invoices, delivery notes and dishonoured cheques as evidence of debt; * Civil procedure – ex parte proceedings where defendant fails to file defence; * Damages – award of special damages (strictly pleaded and proved) and discretionary general damages; * Interest – award to compensate plaintiff for being deprived of funds; * Costs – awarded to successful plaintiff.
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28 September 2020 |
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High Court stayed final orders on an interlocutory mortgage application pending constitutional challenge, but fixed the main suit for hearing.
* Civil procedure — interlocutory applications — effect of pending appeals and applications at appellate courts on High Court proceedings. * Mootness — overtaken-by-events doctrine — when appellate applications become of no consequence. * Constitutional law — where constitutional challenge attacks the law or regulation under which enforcement is sought, High Court should defer final orders pending determination by Constitutional Court. * Case management — correction of clerical errors in pleadings/citations and fixing main suit for hearing despite interlocutory abeyance.
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28 September 2020 |
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Invalid settlement made monies payable under restitution; two partners ordered to refund UGX 2,748,804,076 with interest.
Civil procedure – restitution (money had and received) – invalid settlement/consent order not endorsed by court – failure of consideration – unjust enrichment; Advocates and partnership law – advocates’ lien and set-off; Partnership Act s.19 – liability of partners for pre-existing debts; Res judicata as to sums paid to beneficiaries.
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25 September 2020 |
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Absence from hearing due to lack of notification and omission from cause list constituted sufficient cause to reinstate and set aside default judgment.
Civil procedure – Order 9 Rule 23 CPR – setting aside dismissal for non-appearance – "sufficient cause"; cause lists and notification; applicability of vigilance and counsel negligence tests; threshold of prima facie defence for reinstatement of leave to appear and defend in summary suits.
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18 September 2020 |
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A company affidavit must be sworn by a principal officer or authorised agent; general or evasive defences may be struck out and judgment entered.
Civil procedure – Pleadings – Order 6 Rules 8 and 10 CPR – Specific and non‑evasive traverses required; Order 6 Rule 30 CPR – striking out pleadings that disclose no reasonable answer; Company representation – competence of affidavit deponent—must be director, secretary, principal officer, recognised agent or have express authority.
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18 September 2020 |
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Failure to defend and documentary acknowledgments can establish unpaid commercial debt despite absence of a specific invoice.
Commercial law – sale of goods – proof of indebtedness by ledger, statements and acknowledgments; Evidence – burden of proof on claimant; Civil procedure – failure to file defence deemed admission; Dishonoured cheques and partial payments as evidence of liability; Interest and costs awarded.
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14 September 2020 |
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Lender proved breach of loan agreement; court awarded outstanding sum, reduced interest to 19% and permitted enforcement of securities.
* Contract law – Loan agreement – existence, receipt of funds and borrower’s default – breach of contract established.
* Interest – Contractual monthly interest deemed harsh and unconscionable – court reduced rate under Civil Procedure Act to 19% p.a.
* Damages – Award of general damages for loss of profit and inconvenience (UGX 20,000,000) with 6% p.a. interest from judgment.
* Securities – Lender entitled to enforce and realise pledged securities per contractual clause if recovery fails.
* Procedure – Ex parte proof accepted where defendant absent and plaintiff satisfied burden of proof.
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7 September 2020 |
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Stay of execution refused: no imminent execution or irreparable loss despite arguable appeal points.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 requirements: notice of appeal, delay, imminent execution, likelihood of success, substantial loss, security; consolidation and separate appeal rights; equitable mortgagee versus registered mortgagee rights; execution versus preservation of status quo.
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4 September 2020 |
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An expunged defence must be reinstated by vacating the expunging order before seeking enlargement of time.
Civil procedure — Enlargement of time (s.96 CPA; Order 51 r.6 CPR) — Incorrect citation of law not fatal — Expunged pleadings require vacatur of striking-off order before seeking extension of time to file or validate defence.
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4 September 2020 |
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Registered trademark owner proved infringement and passing off; injunction, damages, interest and costs awarded to the plaintiff.
Trademark law – Registered mark ownership and exclusive rights under s.36(1); Infringement – use of identical or nearly resembling get-up likely to deceive (s.36(2)); Passing off – goodwill, misrepresentation and damage (s.35 and common law); Remedies – injunctions, general and exemplary damages, interest and costs.
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2 September 2020 |
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High Court had jurisdiction where contract was made in Uganda; debt proven by acknowledgement and post-dated cheque.
* Commercial Court jurisdiction – contract formed in Uganda – cause of action arising partly in Kampala under s.15(c) CPA.
* Private international element – supply performed in Rwanda but contract made in Uganda.
* Proof of debt – invoices, acknowledgment letter and post-dated cheque as evidence of indebtedness.
* Quantum – currency conversion/forex not established; court relied on admitted RWF amount.
* Damages – general damages assessed by interest (15% p.a. to judgment; 8% p.a. from judgment).
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2 September 2020 |
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Application for leave to appear and defend dismissed as overtaken by an unchallenged default judgment.
* Civil Procedure – summary procedure (Order 36) – leave to appear and defend – time limits for filing – effect of default judgment – application overtaken by events; * Procedure – setting aside default judgment as prerequisite to defending after default; * Contract/Guarantee – joinder of guarantor where principal not in default (raised but not decided due to default).
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1 September 2020 |
| August 2020 |
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Court corrected a clerical inconsistency in the damages award under section 99 CPA to reflect the intended amount.
Civil Procedure — Correction of clerical/typographical error — Section 99 Civil Procedure Act — Court empowered to amend judgment to reflect intended award where figures and words conflict.
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31 August 2020 |
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Stay denied where no competent Notice of Appeal was lodged and exceptional circumstances were not proven.
Stay of proceedings – competence of Notice of Appeal – endorsement by Registrar required under Rule 76 – Order 6 r.30(2) CPR not an unrestricted automatic right – interlocutory orders under Section 7 CPA and O.6 rrs.8 & 10 CPR require leave – mere lodgment of notice not an exceptional circumstance – irreparable loss not established – abuse of process/lengthy litigation.
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25 August 2020 |
| July 2020 |
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17 July 2020 |
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17 July 2020 |
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Plaint challenging a settlement deed dismissed for lack of locus standi and breach of lis pendens as an abuse of process.
Civil procedure – locus standi for public interest suits under Article 17 – requirement to exhaust remedies and particularize allegations; Lis pendens – subsequent suit barred if directly and substantially same matter pending; Consent decree/settlement deed reduced to court order – can only be revisited by appeal or review in prior proceedings.
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14 July 2020 |
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Electronic service without prior leave under Order 5 is ineffective and does not confer jurisdiction on the High Court.
Civil Procedure – Service out of jurisdiction – Order 5 rules 22, 24 and 26 CPR – leave mandatory before service; Legal Notice No.6 of 2019 permits electronic service but does not negate Order 5 leave requirement – electronic service ineffective without prior leave – jurisdiction not invoked where service invalid.
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14 July 2020 |
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Plaint struck out for failing to disclose a cause of action and being barred by lis pendens and lack of public-interest locus standi.
Civil procedure – res judicata – consent decree on tax liability; lis pendens – pending review of same Settlement Deed; public-interest locus standi – Article 17 – requirement to exhaust other remedies; pleadings – requirement to particularise allegations of corruption/fraud to disclose cause of action; appropriate remedy – judicial review vs ordinary suit.
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14 July 2020 |
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Respondent lacked locus standi and the suit was barred by lis pendens; plaint struck out for no cause of action.
* Constitutional/public-interest actions – locus standi – requirements under article 17: citizenship, sufficient interest, gravity, "high constitutional principle", and steps taken to protect public property.
* Civil procedure – striking out plaint – failure to disclose cause of action and incompetent plaint.
* Civil procedure – lis pendens – previously instituted proceedings raising substantially the same issues bar subsequent suit.
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14 July 2020 |
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Plaintiff lacked locus standi and failed to exhaust remedies; plaint struck and suit dismissed for lis pendens, defective service, and lack of jurisdiction.
Administrative law – requirement to exhaust available judicial review/administrative remedies before instituting ordinary suit; Civil procedure – locus standi to challenge public settlement deeds; Lis pendens – dismissal/strike out where substantially similar matter pending; Service out of jurisdiction – compliance with Order 5 rules 22 & 24; Jurisdiction – High Court may lack jurisdiction over some defendants.
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14 July 2020 |
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Court granted ex parte Anton Piller order for inspection and seizure of alleged trademark‑infringing goods and documents.
Anton Piller order – ex parte relief – trademark infringement and passing off – three‑part test: extremely strong prima facie case; serious damage; real risk of destruction of incriminating materials – inspection and seizure permitted – inter partes hearing within 15 days.
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13 July 2020 |
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Ex parte Anton Piller order granted to inspect and seize alleged trademark-infringing goods; inter partes hearing within 15 days.
Trade mark law – Anton Piller (search and seizure) orders – criteria for ex parte grant: extremely strong prima facie case; serious or irreparable damage; clear evidence of incriminating material and real risk of destruction – inter partes hearing to follow; costs in the cause.
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13 July 2020 |
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Suit dismissed: company’s purported representative lacked mandate and the Registrar was the wrong respondent, so the claim failed.
Company law — representation — requirement that company be represented in court by an advocate or an agent holding a power of attorney; Civil Procedure — O.3 R.1–2 CPR — recognized agents; Administrative/quasi‑judicial body — proper respondent in challenges to decisions; locus standi — representative who is party to contested decision lacks mandate to sue on behalf of principal.
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10 July 2020 |
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8 July 2020 |
