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Citation
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Judgment date
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| December 2022 |
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Application to defend a summary suit filed three days late and unsworn excuse led to striking out and judgment for the respondent.
* Civil procedure – Order 36 summary procedure – requirement to apply for leave to defend within ten days of service – non-compliance results in decree.
* Civil procedure – Extension/validation of time – must be sought by notice and supported by affidavit; negligence of counsel not admissible when unsworn.
* Summary suits – court will not consider merits where procedural time limits are not complied with.
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30 December 2022 |
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Court overruled objections: plaintiff may sue bank and director for fraudulent call on performance guarantee despite arbitration on construction contract.
Civil procedure – preliminary objections – cause of action – corporate veil – piercing veil for fraud; Arbitration – scope and competence – arbitration clause vs. guarantee disputes involving non‑signatory guarantor; Bank guarantees – autonomy and independence of demand guarantees; Fraud exception to autonomy of guarantees; Res judicata – interlocutory orders not final on merits.
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27 December 2022 |
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Court granted interim injunction restraining payment of a demand guarantee due to a strong prima facie case of fraudulent demand.
* Banking law – Demand performance guarantees – autonomy and strict compliance principles – narrow fraud exception where beneficiary’s demand is materially misrepresented.
* Contract law – Privity and collateral (tripartite) contract exception – locus of applicant (non‑party) to challenge guarantee enforcement.
* Interim relief – interlocutory injunction – prima facie case, irreparable harm, balance of convenience.
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22 December 2022 |
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Applicant established a strong prima facie fraud and obtained an injunction restraining payment under an on‑demand guarantee.
Bank guarantees — demand performance guarantee — autonomy principle and fraud exception; collateral contract/privity exception — locus standi of applicant; whether beneficiary’s demand was manifestly fraudulent; interim injunction to restrain payment pending main suit.
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22 December 2022 |
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Equitable mortgage perfected by deposit of title and caveat; mortgagor ordered to pay declared debt or face foreclosure.
Mortgage law – equitable mortgage: deposit of certificate of title and lodging of caveat perfect equitable mortgage under RTA s.129; Foreclosure procedure – section 8 Mortgage Act; Remedies – declaration of indebtedness, payment within fixed time, return to court for foreclosure and sale; Notice by publication where respondent absent.
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20 December 2022 |
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19 December 2022 |
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Leave to appeal refused: interim arbitral protective orders are not appealable absent statute or parties’ agreement.
Arbitration — interim/provisional measures — appealability — limited court intervention; party autonomy and finality of arbitral process; appeals only where statute or parties’ agreement permits questions of law arising out of award.
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12 December 2022 |
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A court declined to grant interim protection after termination of a contract, finding no prevailing status quo to preserve.
Arbitration – Interim measures – Temporary injunction – Status quo – Contract termination – Prima facie case – Irreparable harm – Balance of convenience – Judicial discretion – Enforcement of arbitral proceedings.
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12 December 2022 |
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8 December 2022 |
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Leave granted to file and tax an advocate–client bill after service and absence of evidence of prior payment.
* Advocates Act s.57 – action to recover advocate’s costs – requirement of delivery and service of bill; * Advocate–client bill of costs – nature: professional fees and disbursements payable by client irrespective of outcome; * Taxation – role of taxing officer in assessing recoverability and reasonableness; * Evidence – burden to prove prior payments or discharge of the bill.
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7 December 2022 |
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Court validated a belated memorandum of appeal due to court delay and counsel's mistake, refusing to strike it out.
Civil procedure – appeals – limitation periods – section 79 CPA – time excluded for court’s delay in preparing certified record – appeal commenced by memorandum of appeal – validation/enlargement of time – mistakes of counsel not ordinarily visited on litigant – discretion to admit late appeal for good cause.
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7 December 2022 |
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6 December 2022 |
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6 December 2022 |
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Court upheld contract balance but set aside arbitral awards for variations and design costs for breaching procurement law.
* Arbitration — validity of appointment; kompetenz‑kompetenz; waiver by participation. * Arbitration — jurisdictional limits; ultra petita/infra petita. * Natural justice — bias and misconduct thresholds. * Public policy — incompatibility of arbitral awards with mandatory procurement regulations (Regulations 54, 55). * Quantum meruit cannot displace clear statutory procurement limits.
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2 December 2022 |
| November 2022 |
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Court set aside registrar’s injunction and dismissed suit for lack of jurisdiction due to an enforceable exclusive forum clause.
Court procedure – Time to appeal runs from date of pronouncement (including electronic delivery via ECCMIS); Jurisdiction – procedural versus substantive challenge; Registrar’s powers – interlocutory steps v. matters disposing of a suit (Order 50(7)); Contract law – enforceability of exclusive forum-selection clauses; Tort of procurement – suing third parties does not automatically displace an agreed exclusive jurisdiction clause.
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30 November 2022 |
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30 November 2022 |
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30 November 2022 |
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19 November 2022 |
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19 November 2022 |
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Carrier liable for mis‑description and delay; cargo released and plaintiffs awarded damages; demurrage counterclaim dismissed.
* Carriage of goods – carrier’s duty to verify bill of lading and manifest; liability for mis‑description and delay.
* Agency – freight forwarder as shipper’s agent; liner agent as carrier’s agent; apparent authority to issue documents.
* Hague‑Visby Rules – shipper’s furnished figures; carrier’s obligation and limits; indemnity for inaccuracies not applicable where carrier at fault.
* Remedies – release of cargo, damages, dismissal of demurrage counterclaim and award of costs and interest.
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10 November 2022 |
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7 November 2022 |
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7 November 2022 |
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7 November 2022 |
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Whether the applicant may enforce non‑notarised contingency fee agreements against the respondent and tax an advocate‑client bill.
Advocates Act s48–51 — fee agreements; notarisation and Law Council registration — non-compliance renders agreement unenforceable; champerty/contingency/success fees — prohibition and public policy; Taxing Officer’s jurisdiction limited to quantum — questions of validity for a Judge; s50(3)/(4) — court power to set aside unfair/unreasonable agreements; fiduciary duty — overreaching and professional misconduct; advocate-client taxation — not available where agreement illegal or unconscionable.
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3 November 2022 |
| October 2022 |
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Vendor entitled to contract price, damages and interest after buyer's breach by dishonoured cheques and abandonment.
Contract law – sale of business assets – dishonoured cheques and abandonment – breach of contract; rescission requires clear communication; counterclaim for misrepresentation dismissed for lack of evidence; award of contractual price, special and general damages; interest and costs.
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31 October 2022 |
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Whether respondents breached a sale agreement and are liable for unpaid purchase price, damages and interest.
Contract law – sale of business assets; breach of contract for non-payment of purchase price; rescission – requirement of clear communication; admissibility and effect of dishonoured cheques; assessment of special and general damages; award of interest and costs; counterclaim dismissed for lack of proof.
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31 October 2022 |
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31 October 2022 |
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Ignorance of procedure by lay litigants and counsel’s mistake can constitute sufficient cause to file a defence out of time.
Civil procedure – Extension of time – Leave to file defence out of time – Sufficient cause includes ignorance of procedure by lay litigant and mistake of counsel; discretion under Order 51 r6 exercised to promote hearing on merits and access to justice.
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31 October 2022 |
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7 October 2022 |
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Default on a loan agreement found; defendant ordered to pay USD 25,650, UGX 20,000,000 damages, interest and costs.
* Civil procedure – Default judgment/formal proof – Effect of failure to file a defence; presumption of constructive admission.
* Contract – Loan agreement – Default and acceleration clause making whole sum due on missed instalments.
* Remedies – Declaratory relief, payment of outstanding loan, general damages for economic inconvenience, interest and costs.
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5 October 2022 |
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2 October 2022 |
| September 2022 |
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29 September 2022 |
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Where an arbitration clause exists and no appointing authority, the court can appoint an arbitrator and close the suit.
Arbitration Act s.5 – stay of proceedings and referral to arbitration; court appointment of arbitrator where appointing authority unavailable; requirements for s.5 (defence filed, hearing); court jurisdiction to intervene; costs to abide arbitration.
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26 September 2022 |
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Decretal payment under a supply contract awarded; 25% interest not proved, court awarded 6% from filing and costs to plaintiff.
* Contract law – recovery of sums under a framework supply contract – partial consent judgment upheld as decretal sum. * Civil Procedure – interest on money decree – court discretion to award interest; high claimed rate must be pleaded and proved. * Evidence – inability to rely on unfiled bank/default documents in the trial bundle. * Costs – costs follow the event; successful party awarded costs.
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23 September 2022 |
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Written friendly loan agreements were enforceable; excessive default interest reduced and guarantors held jointly and severally liable.
Commercial law – Friendly loan agreements – Parol evidence rule (Sections 91–92 Evidence Act) – Written agreements binding; illegality defence requires proof of trading as unlicensed money lender; Interest – default interest may be restrained as harsh and unconscionable under Section 26 Civil Procedure Act; Court reduced contractual default interest to 24% p.a.; Guarantee law – guarantors jointly and severally liable on principal debtor's default; Property – retention of title not enforceable as additional security absent written agreement; Order to release title and remove encumbrances.
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22 September 2022 |
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19 September 2022 |
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Failure of the Taxing Officer to give intelligible reasons vitiated the taxation award and justified remittal for fresh taxation.
Costs — Taxation — Party-and-party bill — Requirement for Taxing Officer to give intelligible reasons — Failure to give reasons vitiates award — Appellate interference where discretion exercised on wrong principle or results in injustice.
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16 September 2022 |
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Applicant’s injunction to restrain sale by mortgagee dismissed; damages adequate and balance of convenience favoured respondent.
Interim injunctions – interlocutory relief – test of prima facie case, irreparable harm and balance of convenience – mortgage security and receivership – adequacy of damages as remedy – commercial property sales.
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14 September 2022 |
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Court finds judgment debtors in civil contempt for procuring special titles and transfers to frustrate court-ordered rectification.
Contempt of court – civil contempt for deliberate disobedience of a clear rectification order; Land law – rectification under s.91 Land Act to convert mailo to leasehold; Validity of special certificates and transfers – nemo dat and illegality where transferee/corporate status disqualifies tenure; Remedies – cancellation of certificates/transfers, fines, conditional imprisonment, compensation and costs.
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12 September 2022 |
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The court declined jurisdiction to bar advocates from arbitral proceedings, holding such disputes must be resolved by the arbitrators.
Arbitration – Court jurisdiction – Section 9 of Arbitration and Conciliation Act – Judicial intervention in arbitral proceedings – Conflict of interest in representation – Professional conduct of advocates – Objections to representation to be raised before arbitral tribunal.
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8 September 2022 |
| August 2022 |
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Court found breach and guarantor liability; awarded UGX 318,993,500 special damages, UGX 25,000,000 general damages, interest and costs.
* Contract law – breach of MOU and commitment agreements; guarantor liability under contractual guarantees; evidentiary burden in default judgment proceedings; partial allowance where bank statements and beneficiary lists conflict; proof of special damages for title/transaction costs; interest and costs awarded.
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31 August 2022 |
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The mortgagor's failure to repay after notice justified foreclosure, eviction, inspection access, sale and costs in favour of the mortgagee.
* Mortgage law – foreclosure – remedy available on mortgagor's default; Order 37 Rule 4 CPR.
* Mortgage Act – remedies on default: possession, entry, valuation, sale (ss. 8, 19, 20).
* Civil procedure – ex parte proceedings after service by publication and failure to file defence.
* Costs – discretion under Civil Procedure Act; costs follow the event.
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30 August 2022 |
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The applicant mortgagee entitled to foreclose, enter, evict, inspect and sell property after respondent's default.
* Mortgage law – remedies on default – foreclosure, possession, valuation and sale by mortgagee under Mortgage Act 2009 and Order 37 Rule 4 CPR; default and unopposed evidence; costs follow the event.
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30 August 2022 |
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A stay of execution of an arbitral award requires proof of substantial loss, prompt application and security; absence warrants dismissal.
Arbitration enforcement – stay of execution – Order 43 r 4(3) CPR – conditions for stay: substantial loss, absence of unreasonable delay, security for due performance – failure to prove any condition results in dismissal.
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29 August 2022 |
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Loan formed by multiple documents and conduct was enforceable; defendant liable for USD 37,143, insurer and employer not liable.
* Contract formation – loan agreements may be constituted by multiple writings and conduct; written terms need not appear in a single document. * Loan enforceability – borrower’s acknowledgement and receipt of funds supports contract existence. * Insurance – scope and exclusions of credit life policies determine insurer liability for loan repayment. * Employer undertaking – recommendation/undertaking letters do not necessarily transfer repayment liability. * Remedies – court may award interest and costs; rate may be adjusted for conduct of parties.
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29 August 2022 |
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Plaintiff bank awarded outstanding loan, interest, general damages and costs after defendants defaulted and mortgaged property was sold.
Commercial law – Loan agreements – Default and enforcement; Security – personal guarantee, charges and mortgage; Mortgage sale proceeds applied to loan account; Burden of proof where defendant fails to file defence; Remedies – recovery of principal, contractual interest, general damages, interest on damages and costs.
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16 August 2022 |
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Whether respondents committed fraud and veil lifting warranted; court found no fraud but awarded USD 500,000 to the applicant.
* Company law – lifting corporate veil – whether fraud proven to justify piercing corporate veil. * Contract law – investment proposal/non‑binding proposals – when proposal becomes binding and divisibility of contract price. * Remedies – recovery of money had and received, general damages, interest and costs. * Evidence – fraud requires strict proof on a higher standard.
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16 August 2022 |
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The plaintiff was entitled to 40% project commission where a partner bound the firm by apparent authority.
Partnership law; agency and apparent authority of partners; consent judgment and effect on co-partners; validity and enforceability of KPI/consultancy agreements; procuring-cause test for commissions; contingent liabilities, retirement of partner and indemnity/contribution; commercial interest on withheld payments.
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16 August 2022 |
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Partner-executed KPI bound the firm; employee procuring the project entitled to 40% of net project profits.
Partnership law – apparent and implied authority of partners; ordinary course of business – when partner’s acts bind partnership; KPI/employment arrangements – commission entitlement; procuring cause doctrine – entitlement to commission; consent judgment – binding only on signing partner when not in firm name; indemnity/contribution among partners – liability for debts incurred while partner.
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16 August 2022 |
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Fraud not proved and corporate veil not pierced, but plaintiffs recover USD 500,000 and damages for breached investment obligations.
* Civil law – Alleged fraudulent misrepresentation – requirement to prove fraud strictly; burden on claimant.
* Company law – Piercing the corporate veil – factors for lifting: fraud, sham, siphoning; court refused to lift veil.
* Contract law – Non-binding investment proposal rendered binding by parties' conduct; divisible contract and recovery of money had and received.
* Remedies – Recovery of funds, interest, general damages, and costs (split award).
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16 August 2022 |
