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Citation
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Judgment date
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| May 2022 |
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Whether an addendum subordinating the applicant's claim to a third‑party loan postpones recovery until that loan is repaid.
Contract interpretation – addendum effect – "subject to" clause subordinating creditor’s rights to third‑party loan – consideration and promissory estoppel – summary claim premature.
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31 May 2022 |
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31 May 2022 |
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Review dismissed: alleged errors and new evidence insufficient; review cannot substitute for an appeal.
Civil procedure – Review under section 82 and Order 46 – jurisdiction of successor judge to hear review where error apparent or new evidence alleged – scope of review limited to errors apparent on face of record or new evidence not obtainable with due diligence – review not a substitute for appeal – requirements for "error apparent" and "new evidence".
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31 May 2022 |
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An appellate court will not overturn a Registrar's taxation absent error in principle or manifest injustice.
Civil procedure – taxation of costs – discretion of Taxing Officer – appellate restraint and grounds for interference. Advocates’ costs – instruction fees – role of subject-matter value and minimum fee for interlocutory applications. Taxation – when value of subject matter is unascertainable, Taxing Officer may assess fees based on complexity, importance and industry deployed.
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31 May 2022 |
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Creditor proved loan; debtor failed to prove repayment—judgment for US$150,000 plus interest and costs.
Contract law – Loan agreement – existence of written loan and repayment terms; Evidence – civil burden of proof and shifting evidential burden; Debtor’s obligation to prove payment; Interest on overdue debt (commercial rate).
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30 May 2022 |
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Court refused contempt findings, allowed substitution of the bank’s name, and overruled procedural objections due to lack of prejudice.
Civil procedure – interlocutory applications – service and filing timelines under O.12 r.3(2) – technical non‑compliance without prejudice not fatal; Affidavits – deponent’s knowledge vs. written authority – in‑house counsel may swear where conversant with facts; Contempt – requirement of clear breach of court order and parties to order; Banking regulation – court directions do not override statutory KYC/AML obligations; Substitution – judicial notice of corporate change of name and substitution of party.
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24 May 2022 |
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A director breached fiduciary duties by unauthorised, unproven disbursements and unlawful foreign-exchange dealings; restitution and damages awarded.
Director’s fiduciary duty; misapplication of company funds; reference to auditors under s.27 Judicature Act; effect of qualified auditors’ report; illegality of foreign-exchange transactions with unlicensed dealers; restitution, damages, interest and costs.
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24 May 2022 |
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Failure to take out summons for directions within 28 days after WSD caused the suit to abate and be struck out with costs to the defendants.
Civil Procedure – Order XIA (Civil Procedure Amendment Rules 2019) – requirement to take out summons for directions within 28 days of filing WSD – failure to comply leads to abatement and striking out of suit; interlocutory applications overtaken by events.
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24 May 2022 |
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Interlocutory injunction inappropriate to restrain private prosecution absent pending suit or invocation of supervisory/prerogative remedies.
Civil procedure – interlocutory injunctions – requirements: prima facie case, irreparable harm, balance of convenience. Arbitration – reference of disputes to arbitration does not automatically stay or bar private criminal prosecutions unless proper basis shown. Private prosecution – may have sufficient public element to be amenable to judicial review in appropriate cases. Supervisory/prerogative relief – High Court intervention in magistrates’ proceedings must be by mandamus/prohibition/certiorari or judicial review, not by interlocutory injunction where no substantive suit exists. Professional conduct – advocates who initiate wholly misconceived litigation may be liable for personal costs in rare and exceptional cases.
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24 May 2022 |
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Court dismissed injunction restraining private prosecution, finding no pending High Court matter and ordering personal costs against applicants’ counsel.
Civil procedure – interlocutory injunctions – requirement of a subsisting suit and the three-pronged American Cyanamid test. Private prosecution – constitutional and statutory basis; amenability to judicial review when exercising public-like functions. Arbitration – referral does not automatically preclude parallel criminal proceedings unless exceptional abuse of process shown. Supervisory/prerogative powers – limited to correcting jurisdictional or fundamental legal errors in inferior courts. Professional conduct – counsel may be ordered to pay personal costs for filing wholly misconceived or abusive proceedings.
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24 May 2022 |
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Defendant breached valid subcontracts; plaintiff awarded outstanding contract sum, contractual penalties, substantial general damages, interest and costs.
Contract law – Formation and validity of written subcontracts – capacity, consideration, intention to be bound, certainty of terms. Breach of contract – Employer/contractor failure to pay and wrongful suspension of subcontractor – entitlement to damages. Contractual penalty clause – enforceability and calculation of accumulated penalties. Assessment of general damages – compensation for financial losses, loans, supplier claims and reputational harm. Interest and costs – rates awarded from date of judgment.
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24 May 2022 |
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Transfer set aside as fraudulent; property remains attachable where multiple badges of fraud show intent to defeat creditors.
Civil procedure – Objector proceedings – focus on possession; title relevant only if it bears on possession being on account of/ in trust for the judgment debtor. Execution – Attachment of property – transfer voidable if intended to delay, hinder or defraud creditors (fraudulent conveyance). Fraudulent conveyance – badges of fraud: secrecy, continued possession by transferor, non-arm’s-length transaction, unregistered documents, timing relative to impending litigation/execution, inadequate documentation, retention of benefits. Relief – Where badges of fraud established, transfer set aside and property liable to attachment and sale.
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20 May 2022 |
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Court allowed defendant a limited rejoinder after plaintiff filed belated written submissions without seeking leave.
Civil procedure – written submissions – timelines and compliance with court timetable – consequences of belated filing without leave. Commercial Court Practice Directions – Rule 5 and Rule 7 – control of procedure and sanctions for non-compliance. Inherent jurisdiction – s.98 Civil Procedure Act and s.33 Judicature Act – powers to prevent abuse of process and to do justice. Rejoinder – grant of leave and limitation to matters not previously covered.
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19 May 2022 |
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Suit improperly filed under Article 50, disguised representative action, pleadings disclosed no statutory cause and involved misjoinder; suit struck out.
Public law – Article 50 standing and public interest litigation; Representative suits – procedural requirements and Order 1 rule 8; Cause of action against regulator – breach of statutory duty; Misjoinder – joining public-law and private-law claims; Commercial Court jurisdiction and scope.
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16 May 2022 |
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Mortgagee entitled to foreclosure, public auction sale and vacant possession after mortgagors default and fail to redeem.
Mortgage law – foreclosure – equity of redemption foreclosed where mortgagor defaults and fails to redeem; Sale under Mortgage Act – public auction required absent mortgagor’s consent to private treaty; Vacant possession – ordered following foreclosure; Costs – awarded to successful mortgagee.
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16 May 2022 |
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Most proposed amendments allowed to determine the real controversy, except the paragraph rejected for contradicting earlier pleadings under approbate and reprobate.
Civil procedure – Amendment of pleadings – Order 6 rules 9, 18 and 31 – Real question in controversy test. Pleadings – Material facts, particulars and brevity – prohibition on pleading evidence and legal conclusions. Amendment – permissible if it does not change fundamental character of suit or cause injustice; costs as compensation. Doctrine of approbate and reprobate/election – estoppel against inconsistent pleadings. Mortgage/loan validity – challenge to effectiveness of Facility II and securitisation.
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11 May 2022 |
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10 May 2022 |
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Court granted attachment before judgment over a depreciating roller after finding a good arguable case and risk to enforcement of judgment.
Civil procedure — Attachment before judgment / Mareva-type injunction — Exceptional remedy — requirements: good arguable case, property is subject matter and to speedy and natural decay, full and frank disclosure, proportionality and cross-undertaking in damages — application to movable plant (asphalt roller).
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9 May 2022 |
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Defendants breached a joint loan agreement; plaintiff awarded UGX 53,859,124, general damages, interest and costs.
Contract law – joint loan repayment agreement – parties’ obligations and consequences of default. Breach of contract – failure to repay agreed loan portion. Remedies – compensation for loss, general damages, interest and costs. Interest – court discretion to set post- and pre-judgment interest rates under Civil Procedure Act.
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6 May 2022 |
