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Citation
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Judgment date
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| April 2022 |
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Review application dismissed for failure to show due diligence and strict proof of newly discovered mortgage evidence, costs awarded to respondent.
Civil procedure – Review of judgment – Order 46 Rule 1 & Rule 3 – Discovery of new and important evidence – requirement of due diligence and strict proof; Land law – alleged erroneous registration of mortgage (wrong Block/Plot) – effect on earlier findings and damages award; discretion in review applications and costs following the event.
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26 April 2022 |
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Interim injunction to prevent eviction pending arbitration denied; damages adequate and balance of convenience favored respondent.
Arbitration – Interim measures – Section 6 Arbitration and Conciliation Act; Injunction as interim protection – tests: serious question/likelihood of success, irreparable harm, balance of convenience; Mandatory interlocutory injunctions in contract disputes; Adequacy of damages; Construction contracts – termination, guarantees and possession.
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25 April 2022 |
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Mandamus cannot compel payment of a court award from the Consolidated Fund absent parliamentary appropriation.
• Judicial review – Mandamus – requirements: clear legal right, corresponding ministerial duty, no adequate alternative remedy. • Public finance – Consolidated Fund – payments to satisfy court awards require inclusion in estimates and appropriation by Parliament (Appropriation Act/Supplementary Appropriation Act). • Government Proceedings – certificate of order and limits on execution against Government; prohibition on withdrawal from Consolidated Fund without parliamentary authority. • Public Finance Management Act/Constitution – warrant/appropriation requirements; court cannot compel disbursement that would create unauthorised expenditure.
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25 April 2022 |
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The applicant is entitled to a refund and damages where the respondent failed to import and deliver the contracted machine.
Sale of Goods – agreement to sell vs sale – property passes on fulfillment of condition; failure to import/deliver constitutes breach. Implied terms – availability for inspection before payment of balance. Remedies – refund of deposit, general damages, interest, costs and set-off. Counterclaim – claimant must prove special damages; unpaid hire fees recoverable if proven.
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22 April 2022 |
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Court reduced unconscionable contract interest, denied survey-cost recovery, awarded outstanding balance with 20% interest.
Contract law – unconscionability and usury; money-had-and-received; statutory prohibition on increasing interest on default (Tier 4 Act); court’s equitable power to vary excessive contractual interest; recovery of transaction costs; relief against oppressive contractual terms.
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22 April 2022 |
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Applicant granted leave to defend because disputes over delivery, payment and amount raised triable issues.
Oaths Act – jurat requirements; Affidavits – annexures omissions not necessarily fatal; Civil Procedure – summary judgment v leave to defend; Triable issues – dispute over delivery, payment and disputed amount; Need for taking account where sum is contested.
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21 April 2022 |
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Interpleader proper; on‑demand guarantees oblige payment on a complying demand unless fraud or unconscionability is shown.
Banking law – Advance payment, performance and demand guarantees – URDG 758 Article 20 – autonomy principle of demand guarantees – pay-first-argue-later; interpleader procedure under section 59 CPA and Order 34 CPR; interim injunctions versus enforcement of on-demand guarantees; grounds to vacate interim restraint where beneficiary’s complying demand exists.
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14 April 2022 |
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14 April 2022 |
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13 April 2022 |
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Stay of execution denied where applicant failed to demonstrate, by affidavit evidence, likelihood of substantial loss pending appeal.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 CPR – requirements: substantial loss, no unreasonable delay, security for due performance. Evidentiary requirement – affidavits required to establish substantial loss; oral submissions insufficient. Appeals – pendency of appeal does not automatically operate as stay of execution.
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13 April 2022 |
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Lender entitled to recover outstanding loan after insurer paid limited instalments; parol evidence inadequate to prove full insurance cover.
Contract law – breach by non-payment of loan instalments; Loan documentation and parol evidence rule; Insurance arranged by lender at its discretion—extent of cover requires documentary proof; Burden of proof on plaintiff to establish outstanding balance.
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12 April 2022 |
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Court recognized and issued a decree enforcing the arbitral award after documentary requirements met and time to set aside expired.
Arbitration – Recognition and enforcement of arbitral awards – Section 35(2): requirement to produce authenticated award and arbitration agreement – certified copies and originals – Section 34(3): time to apply to set aside – Section 36: enforcement as decree of court.
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12 April 2022 |
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Unconditional leave granted to defend where triable issues on jurisdiction, cause of action and alleged debt exist.
Civil Procedure — Order 36 (summary procedure) — leave to appear and defend — triable issues; Jurisdiction — arbitration clause — competence-competence and jurisdictional challenge; Pleading — whether plaint discloses cause of action; Evidence — affidavit vs viva voce evidence; Conditional leave — deposit/security not ordered where material requires trial clarification.
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12 April 2022 |
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Late amendment to add omitted USD 232,011 allowed to determine substantive issues, but costs awarded to respondents.
Civil procedure – Amendment of pleadings – Section 100 Civil Procedure Act and Article 126(2)(e) Constitution – Late amendment allowed where no injustice or prejudice and multiplicity avoided – Delay and availability of audit report considered – Costs discretion exercised against amending party.
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12 April 2022 |
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The defendant breached insurance contracts by failing to pay premiums; plaintiff awarded outstanding sums, damages, costs, and interest.
Insurance law – formation of contract – trade/debit notes and account correspondences can establish insurance contracts where formal policy documents are absent. Breach of contract – non‑payment of premiums and dishonoured cheques constitute breach. Remedies – recovery of outstanding premiums, award of general damages and costs; court discretion on interest, reducing excessive contractual requests (30% refused; 10% awarded). Civil Procedure – ex parte proceedings where defendant fails to file a defence.
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12 April 2022 |
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The plaintiff proved unpaid catering fees and received principal, general damages, interest and costs; claimed consequential losses were too remote.
Contract formation — email correspondence and subsequent performance can create binding contract; breach for non-payment of catered meals; assessment limited to pleaded amounts; consequential losses remote and not recoverable under Contracts Act section 61; discretionary award of general damages and interest (6% p.a.); costs to successful party.
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12 April 2022 |
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Prima facie case found but interlocutory injunction refused as damages adequate and balance of convenience favored respondents.
Interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience; property law – sale of mortgaged security; adequacy of damages; effect of title transfer and vacated caveat on interim relief.
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12 April 2022 |
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Warrant to arrest granted where defendant absconded; pre-judgment attachment refused for failure to specify property and values.
Civil Procedure Act s.64; Order 40 Rules 1 & 5 CPR — Warrant to show cause where defendant absconds or intends to frustrate execution; pre-judgment attachment requires specification of property and estimated values; substituted service and uncontroverted affidavits may justify arrest warrant; URA extracts insufficient proof of ownership for attachment.
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12 April 2022 |
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Taxing officer misapplied subject-matter value, producing manifestly excessive instruction fees for interlocutory appeals.
Taxation of costs – instruction fees – proper basis for valuing ‘subject matter’ in taxation – distinction between underlying suit value and value of issues on interlocutory appeal; Costs – abatement of suit – absence of costs order bars taxation of costs for abated suit; Taxation procedure – requirement for adequate reasons and judicial exercise of discretion; When appellate court will interfere – error in principle or manifestly excessive award justifying taxation de novo.
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11 April 2022 |
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Cash‑secured bank guarantees protect funds from garnishment; only the unencumbered balance was attachable; contempt finding set aside.
Civil procedure – Garnishee proceedings; scope of attachment – garnishee order nisi binds only debts owing or accruing to judgment debtor at service date; cash‑secured payment guarantees create liens and protect funds from garnishment; priority of liens determined first in time; contempt finding set aside for procedural unfairness.
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7 April 2022 |
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Wrongful eviction and confiscation of business stock entitles the plaintiff to declarations, damages, interest and costs.
Property law – unlawful eviction and lock-out; conversion/confiscation of business stock; damages for loss of business and reputation; quantification of damages; interest and costs; ex parte proceedings.
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7 April 2022 |
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Defendant tenants liable for unpaid rent, utilities and repair costs; court awards principal, UGX reconnection/renovation, general damages and 6% interest.
Landlord and tenant – breach of tenancy and partial consent – liability for unpaid rent, utilities, reconnection and renovation costs. Remedies – award of principal, repair/reconnection costs and compensatory general damages. Interest – court’s discretion to award interest; 6% p.a. from date of judgment. Procedure – ex parte proceedings where defendants defaulted.
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6 April 2022 |
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Court set aside Registrar’s 30% security condition and granted unconditional injunction protecting the registered proprietor pending final determination.
Civil procedure — Review of interlocutory order — distinction between error apparent on face of record and erroneous reasoning — review versus appeal. Land law — protection of registered proprietor’s title — temporary injunction to preserve possession. Mortgage Regulations, 2012 — Regulation 13 applies to adjournment/stoppage of public sale and the 30% security deposit in that narrow context. Relief — setting aside conditional injunction and granting unconditional injunction pending final determination.
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6 April 2022 |
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Stay of execution refused: pending libel suit lacked nexus and special circumstances to bar enforcement of monetary decree.
Civil procedure – Order 22 r26 – Stay of execution where judgment-debtor has pending suit against decree-holder; discretionary and sparingly exercised; factors include identity of parties, relationship of claims, strength and size of pending claim, delay, and prejudice; judicial proceedings privilege can defeat defamation claim arising from insolvency notice; stay refused where monetary decree enforcement would not render pending suit nugatory and no special circumstances shown.
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5 April 2022 |
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Regulation 13 allows courts to require spouses to deposit 30% to stop mortgage sales; waiver requires evidence of undue hardship.
Mortgage law – The Mortgage Regulations 2012 – Regulation 13(1) and (6) – adjournment/stoppage of sale – 30% security deposit ('pay now, argue later'). Spouses and matrimonial home – court's discretion to require or waive 30% deposit – factors: financial resources, alternative accommodation, children, risk of dissipation, fraud, undue hardship. Interim relief – interplay between Mortgage Regulations and traditional temporary injunction principles. Appellate review – interference with discretionary orders only for error of law, palpable error of fact, or injustice.
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5 April 2022 |
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A spouse seeking to stop sale of a mortgaged matrimonial home must prove undue hardship to avoid the 30% deposit requirement.
Mortgage law – Regulation 13(1) Mortgage Regulations 2012 – 30% security deposit (‘pay now, argue later’) required to stop sale of mortgaged property. Regulation 13(6) – spouse applications – discretionary waiver or reduction of 30% deposit based on individualized assessment. Temporary injunctions – discretionary relief; appellate interference only for error in principle, palpable factual error, or injustice. Burden on spouse-applicant to adduce evidence of undue hardship to avoid deposit requirement.
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5 April 2022 |
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Taxing Officer must refer disputes about retainer scope to a judge; pre‑incorporation fee claims bind company only if adopted.
Taxation of costs – scope and limits of Taxing Officer’s jurisdiction – Taxing Officer quantifies costs but should refer disputes about existence or scope of instructions to a High Court judge; Advocate-client bills – requirements and 30‑day taxation notice; Fee agreements – enforceability under s.51 Advocates Act (written, signed, notarial certificate) and prohibition of contingency/champerty; Pre‑incorporation contracts – not binding on company unless adopted post‑incorporation; Remedies – striking out advocate-client bill where Taxing Officer misdirects.
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4 April 2022 |
