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Citation
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Judgment date
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| 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 |
