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Citation
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Judgment date
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| 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 |
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24 August 2021 |
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24 August 2021 |
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24 August 2021 |
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24 August 2021 |
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24 August 2021 |
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24 August 2021 |
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24 August 2021 |
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Stay pending appeal dismissed for unreasonable delay, doubtful right of appeal, lack of security, and res judicata.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 requirements: notice of appeal, likelihood of success, imminent execution, unreasonable delay, security for due performance; Appealability and leave to appeal; Res judicata and abuse of process; Money decree – reversibility and impecuniosity considerations.
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23 August 2021 |
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Court ordered access to respondent's premises for independent valuation of disputed works; costs in the main cause.
Civil Procedure – Section 98 CPA – court's inherent powers to make orders necessary for the ends of justice; entitlement to access premises for expert valuation where respondent frustrates inspection; application granted ex parte where respondent defaulted; costs of application ordered in main cause.
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19 August 2021 |
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19 August 2021 |
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Leave granted to join a contracted marketing agency as third party under Order 1 r.14 CPR based on an express contractual indemnity.
Civil procedure – Third party notice – Order 1 r.14 CPR – Joinder where defendant claims indemnity; contractual indemnity – express clause covering negligent or wilful acts; requirement that subject matter and original cause of action between defendant and third party be the same as between plaintiff and defendant; prejudice to plaintiff and interest of justice considered.
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19 August 2021 |
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Defendant misrepresented acting for a non-existent company, was personally liable for breach of the tenancy agreement and damages.
Company law — Pre‑incorporation contract — Person purporting to act for non-existent company may be personally liable (Companies Act s.54(1); Kelner v Baxter). Contract — Misrepresentation — False representation inducing agreement — remedy and liability. Contract — Breach — failure to pay rent and incomplete works leading to damages. Remedies — Special and general damages, interest and costs.
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19 August 2021 |
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Applicant found in contempt for failing to comply with consent judgment; ordered to pay principal, fine, interest and costs.
Insolvency/Statutory demand – consent judgment – award of compensatory interest at commercial rate – contempt of court for failure to comply with payment schedule – costs follow the event.
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19 August 2021 |
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19 August 2021 |
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16 August 2021 |
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Uncontroverted affidavit disclosing a bona fide set-off and triable issues warranted leave to appear and defend.
Civil procedure – Order 36 r.4 – leave to appear and defend – requirement to disclose bona fide triable issue or set-off/counterclaim. Set-off and counterclaim – may constitute a defence to summary suit where facts disclosed and not controverted. Affidavit capacity – deponent must ordinarily disclose status to depose for a company, but failure to object may leave affidavit to stand. Summary judgment principles – court to distinguish fact-specific authorities and may grant leave where defence is bona fide.
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16 August 2021 |
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An ex parte Anton Piller order was properly granted and extended; counsel-deposed rebuttal affidavit struck out under Regulation 9.
Trade marks – interim Anton Piller orders – ex parte relief – scope and review of Anton Piller orders; Procedural law – admissibility of supplementary and rebuttal affidavits; Professional conduct – advocate as witness (Regulation 9) – affidavit struck out; Lis pendens/abuse of process – requirement for separate application and pleading.
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12 August 2021 |
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10 August 2021 |
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Consent judgment binds parties; garnishee order corrected for nondisclosure of post-judgment payments.
Execution—garnishee proceedings; consent judgment—binding effect and estoppel; post-judgment payments—applied to decretal sum; interest—not recoverable absent contractual or court order; correction of clerical/accidental errors—section 99 Civil Procedure Act; approbate and reprobate principle.
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6 August 2021 |
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Buyer who examined sealed goods cannot reject for latent defects caused by storage; trial court’s breach finding overturned.
Sale of Goods — implied conditions as to fitness and merchantable quality — buyer’s examination and acceptance — exception where defects would have been revealed by examination — misrepresentation — appellate re-evaluation of evidence.
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2 August 2021 |
| July 2021 |
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30 July 2021 |
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27 July 2021 |
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27 July 2021 |
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Application for urgent execution during COVID-19 lockdown refused for lack of extreme urgency and public health/security concerns.
Civil procedure – Certificate of urgency – Execution of land during court vacation and COVID-19 lockdown – Burden to prove urgency; public health and security risks of land evictions; prior attachment and alternative remedies (contempt proceedings, recovery post-vacation, injunctions).
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23 July 2021 |
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Court granted a certificate of urgency to hear interim and injunction applications during vacation to prevent imminent property disposal.
Court vacation – Certificate of urgency – Rule 4 Judicature (Court Vacation) Rules – Urgency and irreparable harm as ground to hear civil matters during vacation – Direction to Registrar to fix hearing – Costs awarded.
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23 July 2021 |
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Court granted certificate of urgency to hear injunctions to prevent imminent sale of disputed matrimonial property.
Civil procedure – Certificate of urgency – Granting of urgency to hear interim injunctions during court vacation; Judicature (Court Vacation) Rules r.4; Matrimonial property – Alleged unauthorised transfer and imminent sale – risk of irreparable harm; Registrar ordered to fix hearings and ensure service; Costs awarded.
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23 July 2021 |
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A certificate of urgency was granted to hear a temporary injunction during court vacation to prevent likely prejudice from a pending property sale.
Civil procedure – Court vacation – Rule 4 Judicature (Court Vacation) Rules – Certificate of Urgency to hear civil business during vacation when urgency shown. Interim relief – Temporary injunction – urgency where respondent advertises sale of disputed property risking rendering main suit nugatory. Registrar directions – fixing hearing and ensuring service; costs awarded.
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22 July 2021 |
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Application to set aside arbitral award dismissed as timely but lacking statutory or public policy grounds.
Arbitration — setting aside award — statutory one‑month limitation — construction of “month” as 31 days for fair notice. Arbitration — scope of judicial review — courts do not re‑examine merits, errors of law or fact are not automatic grounds for vacatur. Arbitration — public policy — award enforceable absent fraud, illegality, or conflict with fundamental public policy. Civil procedure — enforcement — leave granted under section 36 to enforce arbitral award.
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19 July 2021 |
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Failure to take summons for directions does not automatically abate proceedings absent a serious, prejudicial departure from procedure.
Civil procedure — Abatement for want of prosecution — Order 11A (summons for directions) — Mandatory versus directory construction of procedural rules — Serious departure from fundamental rule required to terminate proceedings — Effect of delay in objecting.
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15 July 2021 |
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14 July 2021 |
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14 July 2021 |
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14 July 2021 |
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Application for attachment before judgment dismissed for lack of credible evidence of asset dissipation and inadequate disclosure.
Civil procedure – Attachment before judgment (Mareva-type relief) – Section 94 Civil Procedure Act and Order 40 CPR – requirements: good arguable case; real risk of dissipation with intent to frustrate judgment; full and frank disclosure; proportionality – defective affidavit and lack of credible evidence – application dismissed; impact of COVID-19 suspension of execution proceedings.
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13 July 2021 |
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Respondent liable for proven idle-time charges; customs-delay risk implied on respondent; applicant awarded US$9,500 plus interest and costs.
Contract construction – implied terms – allocation of risk for customs delays; liquidated damages clause valid and not a penalty; party responsible for port passes bears access delay risk; assessment of special damages by invoice-specific factual analysis; interest awarded for wrongful withholding of money.
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12 July 2021 |
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Dishonoured post‑dated cheques established the company’s indebtedness; directors not personally liable; sums and interest awarded.
Contract law – existence of contract – admissions in pleadings and documentary evidence (post‑dated cheques) as prima facie proof of indebtedness. Bills of Exchange – cheques dishonoured – cheque as prima facie evidence of debt and drawer’s liability. Company law – corporate veil – requirements to pierce corporate veil; no personal liability without evidence of sham or misuse. Remedies – special damages in pleaded currencies, interest to compensate delay, general damages not awarded where interest suffices.
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12 July 2021 |
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9 July 2021 |
| June 2021 |
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30 June 2021 |
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Applicant's claim dismissed: third‑party mortgage and privity prevent enforcing private memorandum against the respondent.
Contract and evidence – burden of proof on claimant; Powers of attorney – scope, limits and revocation; Co‑ownership – tenants in common and unilateral encumbrance; Mortgage law – third‑party (tripartite) mortgages; Privity of contract – third party cannot enforce private memorandum against lender; Prior material breach – effect on relief available.
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28 June 2021 |
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Applicant proven owner of registered industrial design; respondent infringed, passed off goods, injunction and substantial damages awarded.
Industrial design — scope of protection; ocular comparison; informed user and imperfect recollection tests. Prior user exception to registration — use in good faith before filing date. Passing off — goodwill, misrepresentation, and damage established. Remedies — permanent injunction, special and general damages, interest and costs.
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28 June 2021 |
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Court dismissed urgency application and halted sale in execution because Chief Justice's circular suspended execution proceedings.
Civil procedure – Certificate of urgency – application to restrain sale in execution. Judicial administration – Chief Justice circulars suspending court hearings and execution proceedings. Execution law – suspension of execution processes prevents court from determining merits until suspension lifted. Costs – to abide the result of the substantive application pending the expiry of the suspension.
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22 June 2021 |
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Court referred the dispute to arbitration, finding the arbitration clause valid and ousting High Court jurisdiction.
Arbitration — stay and referral under section 5 ACA — validity and scope of arbitration clauses — extent of court intervention (sections 5 and 9 ACA) — competence of arbitral tribunal to rule on its jurisdiction (section 16 ACA) — duress/undue influence and challenges to main contract do not automatically defeat arbitration.
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16 June 2021 |
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Court referred the dispute to arbitration, finding the arbitration clause valid and ousting its jurisdiction; suit dismissed and costs awarded.
Arbitration — stay and reference under section 5 ACA — court to refer matter to arbitration unless arbitration agreement is null, inoperative or incapable of performance; separability of arbitration clause; competence of arbitral tribunal under section 16 to determine validity of main contract; court intervention limited by section 9 ACA.
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16 June 2021 |
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Judicial review dismissed as time-barred for failure to file within three months and to seek extension; interlocutory injunction collapsed.
Administrative law – Judicial review – Time limits – Rule 5(1) Judicature (Judicial Review) Rules 2009 – Applications must be made within three months or with court-extended time; failure to seek extension renders application incompetent; subsequent disciplinary acts do not reset limitation period.
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7 June 2021 |
| May 2021 |
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Advocate-sworn affidavit containing hearsay failed to disclose triable issues; application struck out and summary judgment granted.
Civil procedure – summary suit – defendant’s application for leave to appear and defend – affidavit requirements under Order 36 Rules 3 & 4 CPR and Order 19 Rule 3 CPR – hearsay and argumentative matter to be expunged. Professional conduct – Advocates (Professional Conduct) Regulation 9 – advocate may depose to affidavit if not in personal conduct or likely witness. Proof of authority – no general requirement for advocate to file separate proof to swear affidavit. Interest – awardable where defendant acknowledged debt and agreed interest rate.
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28 May 2021 |
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27 May 2021 |
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Failure to comply with a decree's time terms bars execution of specific performance absent enlargement and clean hands.
Civil Procedure Act s34(1) — exclusive jurisdiction of executing court; Specific performance — equitable, discretionary; Requirement of readiness, tender and 'clean hands'; Enforcement under Order 22 r29 — opportunity to obey and wilful disobedience; Failure to seek enlargement of time bars execution.
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27 May 2021 |
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Applicant proved respondent's loan default; respondent failed to show payment; judgment for applicant with interest and costs.
Contract law – Loan agreement – Default – Written agreement requirements – Burden of proof – Prima facie case and shift of evidential burden to debtor to prove payment – Award of contractual interest and costs.
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27 May 2021 |
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Consent judgment set aside for collusion; foreign-incorporated company may sue in Uganda without prior local registration.
Civil procedure – Consent judgments – Grounds for setting aside consent: fraud, collusion, misapprehension, illegality; Lis pendens – requirements and inapplicability where cited proceedings disposed; Company law – foreign company incorporated abroad may sue in Uganda without Part VI registration for place of business.
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21 May 2021 |
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Court allowed correction of a party’s mis-description in the plaint, permitting amendment as non‑prejudicial and procedural.
Civil procedure – Amendment of pleadings – Order 6 rules 9, 18 and 31 – Correction of mis-description of party’s status; Amendments to determine real question in controversy; Amendments before hearing to be freely allowed if no injustice; Amendments not to change cause of action or defeat limitation; Costs to abide outcome.
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20 May 2021 |
