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Citation
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Judgment date
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| January 2022 |
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Review dismissed: court found no error apparent; guarantor issue was pleaded and litigated, review cannot re‑appraise the merits.
Civil procedure – Review under section 82 and Order 46 CPR – scope limited to error apparent on the face of the record or new evidence; Review not a substitute for appeal; Originating summons – issues may be decided if effectively pleaded and litigated; Mortgage law – guarantor and mortgagor liability; foreclosure, delivery of possession and power of sale.
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31 January 2022 |
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Review dismissed: alleged unpleaded personal guarantee and discharged charges were matters litigated, not errors apparent on the record.
Civil procedure – Review jurisdiction – successor judge may hear review where error apparent or new evidence; scope limited. Review vs appeal – error apparent on face of record must be self-evident. Mortgages and guarantees – pleadings and annexures may constitute pleading of guarantee; issues litigated in affidavits and rejoinder may be determined by court. Natural justice – no violation where parties had fair opportunity to litigate an issue.
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31 January 2022 |
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Tribunal is a merits-review body; applicant failed to prove good cause for extension, appeal dismissed with costs.
* Tax law – extension of time to object – requirement of "sufficient reason"/"good cause" – applicant must adduce particularised evidence; COVID-19 claims must be substantiated. * Administrative law – Tax Appeals Tribunal – external administrative merits review with power to stand in the shoes of the decision-maker. * Administrative law – reasons for decision – concise, intelligible and adequate reasons required. * Discretionary relief – appellate restraint; interference only for error in principle or unjust outcome.
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27 January 2022 |
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Appellate court upheld finding that bank failed to prove continued indebtedness and affirmed damages for unlawful deductions and detained title.
Banking law – loan facilities and charges – whether continued interest/penalty charges and commissions may be imposed after referral to a collection agency; evidence evaluation and documentary exhibits; assessment and quantum of general damages for wrongful detention of title and unlawful deductions.
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24 January 2022 |
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Commercial court had jurisdiction over mortgage‑secured bailout loan; labour proceedings did not bar the recovery suit.
Commercial jurisdiction – recovery under mortgage-secured salary advance; distinction between employer-employee loan and employment dispute; lis pendens (section 6 CPA) – when it bars subsequent suits; arbitration clause – obligation to attempt agreed dispute resolution before court but absence of proof of arbitration may not defeat suit; abuse of court process.
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24 January 2022 |
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Ex parte attachment without substantive application or proof of service was irregular; attachment set aside and vehicle released.
Civil procedure – jurisdiction under section 15 CPA; attachment before judgment – procedural prerequisites and need for substantive application (Order 50 r.3A(3)/Order 40); service of process and right to be heard; supervisory powers of High Court (Judicature Act s.17) and setting aside orders under section 83(c) CPA.
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24 January 2022 |
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Consolidation granted where two suits involved same parties and substantially similar legal and factual issues.
Civil procedure – Consolidation of suits – Order 11 rule 1 CPR – When same or similar questions of law or fact and same parties exist consolidation is discretionary and appropriate; Preliminary objection – Authority to appear/affidavit – Order 1 rule 12 CPR – affidavit sworn in representative capacity valid where party represented is a director of represented entity; Case cited: Stumberg v Potgieter.
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24 January 2022 |
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Written admission and unchallenged audit evidence established debt; court awarded UGX 200,031,000 and costs.
Commercial law – supply of goods on credit – existence of contract – written agreement signed by company director; Evidence – written admission (s.57 Evidence Act) and unchallenged audit report establish indebtedness; Civil Procedure – ex parte hearing where defendant absent; Costs – discretion of court under s.27 Civil Procedure Act.
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24 January 2022 |
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A judgment debtor who files a bankruptcy petition may be released from civil prison pending hearing upon furnishing security.
Civil Procedure Act s.40(4) – release from arrest on intention to apply for insolvency – bankruptcy petition as evidence of inability to pay – affidavit formalities and annexures – curable defects – security to be furnished before release.
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24 January 2022 |
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Applicant’s plausible explanation and respondent’s non-attendance constituted sufficient cause to set aside dismissal and reinstate the suit.
* Civil procedure – Order 9 r.23 – setting aside dismissal for non-appearance – requirement of sufficient cause; * Effect of opposing party’s non-attendance and counsel’s failure to notify; * Applicant’s burden to give plausible explanation and consequence of unsupported denials by respondent.
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24 January 2022 |
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Appeal dismissed: registrar correctly refused temporary injunction because applicant failed to show irreparable harm and reliefs were compensatory.
Civil procedure — interlocutory injunction — requirements for temporary injunction (prima facie case, irreparable injury, balance of convenience) — practitioner cannot obtain temporary injunction where injury is compensable by damages; Jurats and Illiterates Protection Act — jurat valid where translator’s name and address appear; Order 11A CPR — abatement for failure to take out summons for directions dependent on proper filing/serving of last reply.
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24 January 2022 |
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Conditional stay granted pending appeal; applicant must deposit 50% of decretal sum within 60 days.
Tax — Stay of execution pending appeal — requirements: likelihood of success/serious question, irreparable/substantial loss, promptness, and security for due performance — Section 15 TAT 30% deposit not adequate security — agency notice as imminent execution.
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24 January 2022 |
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An objection decision must be reviewed by the Tax Appeals Tribunal before any appeal to the High Court.
* Tax law – jurisdiction – Review of objection decisions by Tax Appeals Tribunal – High Court only on appeal from Tribunal; appeal filed in wrong forum; application to strike out and costs awarded.
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24 January 2022 |
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The plaintiff may stop goods in transit and recover them where defendants' impersonation shows payment is unlikely.
Sale of Goods Act – stoppage in transitu – unpaid seller – goods in custody of carrier/customs – anticipatory breach and apparent inability to pay due to impersonation/fraud – remedy: re-delivery/re-export and costs.
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17 January 2022 |
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17 January 2022 |
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Court upheld the arbitral award except remitting the US$1,000,000 general damages award for reconsideration.
* Arbitration — setting aside award — evident partiality — site visit observations and audi alteram partem principle. * Arbitration — scope of arbitrator’s powers — reopening, reviewing and revising final certificates under arbitration clause. * Arbitration — public policy — narrow ground for setting aside; fraud/corruption or contravention of fundamental law required. * Contract damages — liquidated damages clause ordinarily excludes additional general damages; error of law apparent on face of award justifies partial remit.
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17 January 2022 |
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Court upheld most of the award but set aside and remitted general damages that duplicated contractual liquidated damages.
Arbitration — Setting aside arbitral award — Grounds under Arbitration and Conciliation Act — evident partiality; public policy; excess of jurisdiction; error of law apparent on face of award — site inspection and natural justice — liquidated damages v. general damages.
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17 January 2022 |
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A Registrar’s warrant for attachment and sale was set aside for failing to ensure attachment proportionate to the decretal amount.
Civil procedure – Execution of decree – Attachment and sale – Order 22 r.14(4) duty to ensure value of property attached corresponds to decretal amount – Proportionality and limitation of attachment – Appellate review of Registrar's discretionary orders – Validation of belated appeal.
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11 January 2022 |
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Whether a CIS amendment reducing exit entitlements validly applied to a member exiting shortly after its adoption.
Companies law – notice for general meetings; Collective Investment Schemes – amendment of scheme rules; Validity of AGM resolutions adopted as "any other business"; Prospective vs retrospective effect of amendments; Vesting of redemption rights; Remedies where amended rules applied and payment effected.
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7 January 2022 |
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Dismissal entered under the court’s inherent powers was set aside where the applicant proved sufficient cause caused by a court file/cause-list mix-up.
* Civil procedure – Inherent powers (Section 98 CPA) – dismissal of suit for apparent lack of interest – setting aside and reinstatement.
* Civil procedure – Competency of application – wrong or superfluous citation of procedural rule does not defeat jurisdiction where inherent power is invoked.
* Civil procedure – "Sufficient cause" for non-appearance – honest intention to attend and impediment caused by court file/cause-list mix-up.
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5 January 2022 |
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Applicant failed to show bona fide triable issues to resist summary judgment for repayment of an alleged private loan.
Civil procedure – summary suit – leave to appear and defend under Order 36 – requirement to disclose bona fide triable issues and attach draft defence; private loan v. licensed money‑lending business; coercion and irregular cheques not per se triable defences.
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5 January 2022 |
