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Citation
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Judgment date
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| December 2021 |
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Whether extra works formed a fresh contract and defendant must pay unpaid extras; plaintiff failed practical completion.
Construction law – lump‑sum contract – incorporation of extrinsic documents; Variations – formation of fresh agreement via emails and memorandum; Practical completion – requirement of essential works (plumbing) and effect of patent omissions; Employer’s liability – payment for extras and effect of withheld/reduced payments; Quantum meruit for additional works; Interest and costs.
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27 December 2021 |
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Instruction fees in mortgage litigation are based on equity of redemption, not full market value; taxation remitted for re-assessment.
Advocates’ costs – Taxation – Instruction fee – Meaning of “subject-matter” under Item 1(1) 6th Schedule – In mortgage disputes subject-matter is equity of redemption (cost to remove encumbrance), not full market value; Review of taxing officer’s discretion – interference only for error in principle, manifest excess or injustice; Taxation de novo where original taxation fundamentally misapplied law.
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9 December 2021 |
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Whether a customs objection/appeal was time‑barred and the effect of a deemed objection decision under EACCMA.
Customs law – objections and appeals – EACCMA s229 (objection/review) and s229(5) (deeming) – effect of tentative versus final objection decisions – limitation for appeal under s230(2) – late filing of statement of reasons and locus standi considerations.
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1 December 2021 |
| November 2021 |
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Applicant granted unconditional leave to defend summary suit where retrenchment and insurance raise a triable issue.
Summary suit — leave to defend under Order 36/52 — requirement of bona fide triable issue; retrenchment as central triable fact; insurance cover for loan; burden of proof and appropriate role of trial to evaluate oral and documentary evidence.
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30 November 2021 |
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Suit not res judicata; court allows amendment to add UGX 477,000,000 and sets procedural timelines.
Civil procedure – Res judicata – whether earlier judgments on one parcel and parties bar subsequent suit on different parcel and monetary claims; Amendment of pleadings – leave to amend counterclaim to add sums paid post-judgment; Costs to abide outcome.
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30 November 2021 |
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Court refused default judgment, allowing late application due to former counsel’s mistake and upheld process server’s affidavit.
Civil procedure – summary suit and default judgment – whether an application to appear and defend filed out of time should be dismissed; capacity of a court process server to depose to affidavit matters; negligence of counsel as sufficient cause to extend or validate late filing; discretion to prefer merits over technical non-compliance.
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30 November 2021 |
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Stay of execution granted pending appeal subject to deposit of 30% security to protect against substantial loss.
* Civil procedure – Stay of execution – requirements under Order 43 r.4(3): substantial loss, no unreasonable delay, security for due performance of decree.
* Appeal practice – effect of execution pending appeal where default judgment extinguishes opportunity to present defence.
* Security for stay – court discretion to fix form and quantum of security (cash or bank guarantee; 30% of decretal sum).
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30 November 2021 |
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A garnishee order cannot attach funds the garnishee does not owe; registrar erred making it absolute.
* Civil procedure – Garnishee proceedings – Order nisi and order absolute – Only monies due from garnishee to judgment debtor and in garnishee’s custody at service are attachable. * Banker–customer relationship – bank is debtor only to extent of credited balance; cannot be ordered to pay sums it does not owe. * Insolvency – court should not allow garnishment to prefer one creditor where debtor is insolvent or probably insolvent. * Appeals – validation/enlargement of time for belated appeals; standards of review of Registrar’s discretionary orders.
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22 November 2021 |
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Whether a mortgagee may obtain foreclosure, public-auction sale and vacant possession after borrower defaults and fails to redeem.
* Mortgage law – Foreclosure – Foreclosure extinguishes mortgagor’s equity of redemption where borrower defaults and fails to redeem.
* Power of sale – Public auction v private treaty – mortgage deed silence and lack of mortgagor consent require public auction under Mortgage Act and Regulations.
* Possession – Vacant possession ordered following foreclosure.
* Procedure – Originating summons appropriate where no substantial dispute of fact in mortgage foreclosure matters.
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10 November 2021 |
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The applicant (an intergovernmental facility) possesses international and domestic legal personality and capacity to sue; embassy reference struck out.
Intergovernmental organisations; international legal personality; domestic recognition of international personality; locus standi and capacity to sue; interpretation of constituent MOU; agent v principal in litigation; diplomatic immunity and waiver.
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3 November 2021 |
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Whether a contempt order imposing punitive fines can bar the applicant from further hearings absent a purge mechanism.
Contempt of court — civil vs criminal contempt — purging civil contempt — punitive fines and damages payable to court indicate criminal contempt — preliminary objection to hearing pending purge — court may refuse to allow contempt order to stifle adjudication where no purge mechanism exists.
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3 November 2021 |
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Bare allegations of forgery without evidence do not create a triable issue to resist summary judgment.
Civil procedure – Summary suit (Order 36 r.4 & r.5 CPR) – leave to appear and defend – requirement to show bona fide triable issue and sufficient affidavit disclosure; Allegation of forgery – bare assertion without evidential foundation insufficient to raise triable issue; Evidence – deed of acknowledgment and post‑dated cheques as prima facie proof; Payment history – post‑commencement payment reduces recoverable sum; Conditional leave – available where bona fides doubtful.
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1 November 2021 |
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Where statutory notices were complied with, the plaintiff may obtain vacant possession and sell the mortgaged land by public auction to recover debt.
Mortgage Act – foreclosure and sale – requirement of registered mortgage and compliance with notice provisions; Mortgage Regulations – consent to sale by private treaty must be by specific written notice and not retrospective; Mortgagee’s duty to obtain best price and sell by public auction absent valid mortgagor consent; entitlement to vacant possession to enable sale; contractual interest enforceable if reasonable.
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1 November 2021 |
| October 2021 |
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29 October 2021 |
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Review dismissed: new evidence immaterial, no error apparent, applicants failed to show due diligence or grounds for review.
* Civil procedure – Review of judgment – grounds: error apparent on face of record; discovery of new and important matter of evidence; other sufficient reason. * Review jurisdiction – successor judge may hear reviews based on new evidence or apparent clerical errors. * Review limitations – not a substitute for appeal; must show due diligence and that new evidence could have altered outcome. * Foreclosure/redemption – sale price of secured asset not determinative where outstanding debt far exceeds sale proceeds. * Allegations of forgery/impersonation require cogent evidence and cannot be remedied by review where factual findings supported the record.
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25 October 2021 |
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Court awarded plaintiff unpaid contract price with contractual and post-filing interest after finding defendant breached and failed to prove payment.
Contract formation and date – last signature governs; Parol evidence rule and handwritten alterations; Burden of proof in debt claims; Spoliation/adverse inference from loss of payment records; Breach of contract – recovery of price; Contractual and post-litigation interest; Costs follow the event.
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25 October 2021 |
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Applicant’s challenge to arbitral award dismissed: agreement valid, appointment lawful, adequate notice and no public policy breach.
Arbitration — validity of arbitration clause — apparent/implied authority and ratification — appointing authority powers under Arbitration and Conciliation Act — notice and right to be heard — ex parte arbitration — public policy challenge to arbitral award.
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22 October 2021 |
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Regulation 13 allows treating overseas head office services charged to a Ugandan branch as imported, taxable services.
VAT — imported services; Regulation 13(3)(a) VAT Regulations — treatment of head office and branch as separate taxable persons; section 11(2) VAT Act — exclusion of employee services; destination principle and tax neutrality; reverse charge/accounting by recipient; refund entitlement requires proof of overpayment.
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18 October 2021 |
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12 October 2021 |
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Director-authorised loans bound the company; isolated loans were not regulated money‑lending and excessive default interest was reduced to 20% p.a.
Contract law — formation and proof of loan agreements by signed memoranda, cheques and correspondence; Company law — apparent/ostensible authority of directors and Turquand rule/estoppel; Regulatory law — scope of Tier 4 Microfinance Institutions and Money Lenders Act and when lending transactions amount to carrying on a money‑lending business; Contractual fairness — unconscionable/excessive interest and penalty clauses; Remedies — award of principal, substituted interest rate and costs.
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11 October 2021 |
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7 October 2021 |
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Validated belated deposit; funds held in custodia legis for a stay pending appeal are not attachable; garnishee order set aside.
Civil procedure – conditional stay of execution pending appeal – validation of belated compliance and extension of time; Custodia legis – money deposited as security for stay not attachable without leave; Garnishee – decree nisi set aside; Registrar’s administrative failure – prima facie disciplinary issue but judicial immunity bars suit.
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5 October 2021 |
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1 October 2021 |
| September 2021 |
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Interlocutory judgment set aside; COVID‑19 disruption and serious jurisdictional issues warranted allowing defence and preliminary challenge.
Civil Procedure — Setting aside interlocutory judgment — Order 9 r 8 and r 12 — rule applies only to claims for pecuniary damages or detention of goods; Affidavit competency — deponent must be able to depose to facts — no express written authorization required from company; COVID‑19 lockdown and reduced operations can constitute sufficient cause for failure to file defence; Forum non conveniens/forum‑selection clause — serious triable preliminary issue; Delay — condonation where bona fide and substantial justice favoured.
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27 September 2021 |
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Interlocutory judgment set aside for pandemic-related delay and misapplication of Order 9 rule 8; jurisdictional challenge permitted.
Civil procedure – setting aside interlocutory judgment – Order 9 r.12 & r.8 – sufficiency of cause for failure to file defence – COVID‑19 pandemic as cause for delay – competency of affidavit deponent – forum‑selection clause and forum non conveniens – Registrar’s misuse of Order 9 r.8 where claim not for pecuniary damages only.
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27 September 2021 |
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A company’s name change does not defeat contractual claims; defendant failed to prove payment, judgment awarded with interest.
* Company law – change of name – does not affect rights or pending proceedings; * Contract – proforma invoices and bills of lading constitute a binding sale and proof of delivery; * Evidence – once creditor establishes a prima facie debt, evidential burden shifts to debtor to prove payment; * Agency/estoppel – payment on behalf of third party binds principal where instructed; * Remedies – judgment for debt, interest and costs.
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27 September 2021 |
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27 September 2021 |
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Review dismissed: no error apparent on the face of the record and applicant failed to prove counsel’s timely instruction.
* Civil procedure — Review — Error apparent on the face of the record — Narrow ground requiring a self-evident mistake, not long-drawn reasoning. * Civil procedure — Jurisdiction — A judge other than the one who made the order may hear a review where the ground is error apparent on the face of the record. * Civil procedure — Default judgment — Setting aside (Order 36 r.11) — "Any other good cause" may include counsel’s mistake but requires proof of timely instruction and diligence by the litigant. * Civil procedure — Review vs appeal — Mistake of law or alternative view is for appeal, not review.
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24 September 2021 |
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Review failed: no error apparent on record; applicant merely sought reconsideration of contested factual findings.
Civil procedure – Review under Order 46 CPR – "error apparent on the face of the record" – scope limited to self-evident errors; not a rehearing of merits; Review jurisdiction by a different judge where facial error alleged; Default judgment – setting aside – "any other good cause" includes counsel’s mistake if timely instruction proven; burden to prove diligence and instruction to counsel.
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24 September 2021 |
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Court recognised and entered a decree enforcing an arbitral award after statutory filing and expiry of set‑aside period.
* Arbitration – Recognition and enforcement of arbitral awards – Sections 35 & 36, Arbitration and Conciliation Act 2013 – filing, registration and service requirements; effect where time to set aside under Section 34 has expired. * Enforcement – award enforceable as court decree where no timely set‑aside application made. * Set‑off/partial payment – respondent's admissions of partial payments do not prevent entry of decree where no challenge is brought.
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24 September 2021 |
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17 September 2021 |
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17 September 2021 |
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Mortgage of family land without the applicant's spousal consent is void; bank must release title and pay damages.
* Land law – family land – Section 38A Land Act – ordinary residence and family home criteria
* Spousal consent – Section 39 Land Act – prohibition on sale/mortgage of family land without consent
* Mortgagee obligations – Mortgage Act and Regulations – due diligence and verification of marital status
* Remedies – review and declaration of mortgage null and void, release of title, injunction, damages and costs
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17 September 2021 |
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Plaintiff entitled to refund and damages after defendant failed to deliver vehicle and issued dishonoured refund cheques.
Contract law – existence and enforceability of a written sale agreement; Agency – director’s signature binding the company; Breach – non-delivery and dishonoured refund cheques; Remedies – special, general and punitive damages; Interest – court discretion to award 6% from judgment; Costs – awarded to successful plaintiff.
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17 September 2021 |
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Invoice terms added after contract formation were not incorporated; court awarded a statutory reasonable interest rate instead.
Contract formation; incorporation of terms – express and implied terms; reasonable notice requirement; tax invoices as non-contractual documents; course of dealing and trade usage; penalty/onerous clause; court's discretion to award just and reasonable interest under statute.
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15 September 2021 |
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Interlocutory injunction refused despite prima facie case; affidavit not defective without written authority; balance favoured respondents.
Interlocutory injunctions – requirements: serious question to be tried, irreparable harm, balance of convenience – family land and spousal consent – affidavit competence and representative deponents – mortgage and registration – caveat and adequacy of damages.
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13 September 2021 |
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Subcontracting without express contractual authority constituted breach, rendering the defendant liable to the insurer under subrogation.
Contract law – subcontracting and breach – absence of express authority to subcontract; Evidence – photographs and assessment report as uncontroverted proof of damage; Insurance law – insurer’s subrogation rights following indemnity payment; Remedies – award of restitution and costs.
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7 September 2021 |
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Plaintiff entitled to judgment for unpaid fuel; defendant failed to disclose triable issues and must pay principal, interest, and costs.
Contract debt recovery; liquidated sum for fuel supply; dishonoured cheques; payment proposal and demand; failure to disclose triable issues for leave to defend; interest from date of judgment; costs awarded.
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3 September 2021 |
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Plaintiff entitled to USD 20,201.61 for unpaid WCA shipments; 6% interest from judgment date and costs awarded.
Debt recovery – unpaid freight/credit shipments under World Customs Alliance terms – invoices and part payment – balance due; application for leave to appear and defend dismissed for failure to disclose triable issues; award of judgment sum with 6% interest from date of judgment and costs.
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3 September 2021 |
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The applicant proved an unpaid liquidated sum for transport services; the respondent’s defence lacked triable issues and was dismissed.
Contract/Commercial law – recovery of unpaid invoices for transport services; evidence of invoices and payments establishing liquidated debt – application for leave to appear and defend dismissed for failure to disclose triable issues – judgment and costs awarded to creditor.
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3 September 2021 |
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Applicant failed to show a bona fide triable issue; leave to appear and defend was dismissed.
Civil procedure – Order 36 CPR – leave to appear and defend – requirement to show bona fide triable issue of fact or law – necessity of concrete evidence (invoices, proof of payment) – affidavit credibility and sham defences.
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3 September 2021 |
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Applicant failed to raise a bona fide triable issue; leave to appear and defend dismissed with costs.
Civil procedure — leave to appear and defend — defendant must show a bona fide triable issue of fact or law; denial of indebtedness requires positive supporting evidence; delivery notes and statements of account may constitute proof; unsupported or contradictory allegations may be sham; costs awarded to successful respondent.
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3 September 2021 |
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Applicant failed to show a bona fide triable issue; leave to appear and defend dismissed with costs.
* Civil procedure – leave to appear and defend – requirement to show a bona fide triable issue of fact or law; * Limitation Act – actions on contract/tort subject to six-year period; accrual on last acknowledgement/payment (s.22); * Contracts Act – writing requirement for high-value contracts (s.10(5)) and enforceability by part performance; * Evidence – invoices, acknowledgements and payment vouchers as sufficient written proof; * Summary judgment principles – weak, vague or unsupported denials do not disclose triable issues.
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3 September 2021 |
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Application for leave to defend denied: no bona fide triable issue; claim within limitation and oral contract enforceable by part performance.
Civil procedure – leave to appear and defend under Section 98 CPA – requirement to show bona fide triable issue; Limitation Act – accrual on last payment/acknowledgement (s.22(4)); Contracts – oral/partly oral agreements enforceable by part performance despite statutory writing requirement.
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3 September 2021 |
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The plaintiff established an unpaid transport-services debt; court awarded UGX 581,128,142 and costs.
* Contract – Supply of transport services – Invoicing and payment records – Establishing outstanding liquidated sum.
* Civil procedure – Application for leave to appear and defend – Requirement to disclose triable issues – Dismissal for failure to disclose.
* Remedies – Recovery of liquidated debt and costs where debt established and not contested.
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3 September 2021 |
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A lender named as co-loss payee is not party to the insurance and owes no duty to renew it.
Insurance law – loss-payable clause – lender named as co-loss payee entitled to proceeds but not party to insurer–insured contract; Contract law – privity of contract; Fiduciary duty – no voluntary assumption of duty by lender to maintain borrower’s insurance; Negligence – no duty of care to renew or debit borrower’s insurance; Remedies – claim dismissed with costs.
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1 September 2021 |
| August 2021 |
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31 August 2021 |
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Applicant’s request to amend notice and stay execution denied: procedural heading was mere form and stay requirements unmet.
Civil procedure – Amendment of notice of appeal – formal defects vs. substantive requirements of Form D; Stay of execution pending appeal – requirements: realistic prospect of success, imminent threat of execution, absence of unreasonable delay, substantial irreparable loss, and security for due performance; burden of proof on applicant.
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27 August 2021 |
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Review dismissed: no error apparent in refusal to refer constitutional question and interest discrepancy was a clerical, not reviewable, error.
* Civil procedure – Review – scope limited to errors apparent on the face of the record – not a substitute for appeal.
* Constitutional procedure – Article 137(5)(b) – referral to Constitutional Court required only where interpretation of the Constitution is necessary and a prima facie conflict is shown.
* Execution – commitment of judgment debtor – allegations of unconstitutionality must prima facie raise an interpretative question to necessitate referral.
* Decrees – interest calculation – arithmetical/clerical mistakes are corrected under section 99, not by review.
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26 August 2021 |
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Application to set aside dismissal denied: applicant failed to show sufficient cause or diligence; conduct amounted to abuse of process.
Civil procedure – Order 9 r.23 CPR – setting aside dismissal for non-appearance – sufficient cause requires bona fides, diligence and absence of negligence; failure to prosecute and abuse of process may justify refusal to reinstate; prejudice to respondent and prolonged inaction relevant.
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25 August 2021 |
