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Citation
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Judgment date
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| 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 |
