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Citation
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Judgment date
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| June 2022 |
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Applicant raised triable issues over loan computation and alleged failure to provide required independent advice, warranting trial.
Summary judgment – Order 36 leave to defend – bona fide triable issue required; Bank of Uganda Financial Consumer Protection Guidelines 2011 – duty to provide information/independent advice; disputed computation of interest/default charges and requirement for account reconciliation.
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29 June 2022 |
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Default judgment set aside where counsel’s mistake and procedural defects showed sufficient cause.
Civil procedure – Default judgment – Setting aside under Order 9 r.12 – Effect of counsel’s negligence – Procedural requirements for court orders (signature, seal, record of proceedings) – Affidavit evidence and cross-examination.
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29 June 2022 |
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Leave to amend a plaint was granted to reflect post-filing developments, subject to clear particulars and evidence.
Civil procedure – Amendment of pleadings – discretion under section 100 Civil Procedure Act and Article 126(2)(e) – amendments to reflect post-filing developments; Pleadings – introduction of new cause of action – when sale of mortgaged property may be addressed within original suit; Evidence – requirement to particularise monetary claims and produce supporting bank statements; Abuse of process – late or unclear amendments may be refused.
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29 June 2022 |
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Delay in filing an appeal excused where court’s delay in providing certified record prevented timely prosecution.
Civil procedure – appeals – limitation – section 79(1) and (2) Civil Procedure Act – time to file memorandum of appeal – exclusion of time taken by court/registrar to make certified copy of proceedings – diligence in prosecuting appeal – failure to strike out appeal.
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29 June 2022 |
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High Court set aside small claims refund judgment for material procedural irregularities and remitted the matter for retrial.
Small claims procedure — Revision for material irregularity — Failure to state basis of findings (Rule 27/Schedule 7) — No inquiry into debtor’s finances or payment schedule (Rule 28) — Improper award of costs contrary to Rule 29 — Matter set aside and remitted for retrial.
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29 June 2022 |
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Court granted leave to amend pleadings due to post‑filing events and COVID‑related delays, finding no unfair prejudice to respondents.
Civil procedure – amendment of pleadings – discretionary power under section 100 Civil Procedure Act and Article 126(2)(e) Constitution – delay and COVID‑19 as justification – new facts arising after institution – whether amendment introduces new cause of action – avoidance of multiplicity of proceedings – costs to abide main suit outcome.
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28 June 2022 |
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Stay denied where no properly lodged appeal, unreasonable delay and abuse of court process.
Civil procedure — Stay of execution pending appeal — prerequisites: substantial loss, absence of unreasonable delay, security — appeal must be fully lodged (memorandum filed) — unreasonable delay and failure to serve/respond — abuse of process warrants dismissal.
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28 June 2022 |
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Application to set aside arbitral award dismissed for failing to establish statutory grounds and improperly seeking an appellate review.
Arbitration law — setting aside arbitral award — Section 34(2) and (3) — timeliness of setting-aside application — scope of reference — limited judicial review, not an appeal.
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28 June 2022 |
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Applicant entitled to UGX 133.5M for capital and unpaid contractual returns; special damages insufficiently pleaded.
Civil procedure – default judgment (Order 9 CPR) – assessment of damages after default; Contract – memoranda of understanding – guaranteed weekly returns – quantification of unpaid returns; Pleading – requirement to particularise special damages; Remedies – award of interest and costs.
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28 June 2022 |
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An out-of-time affidavit filed without leave is struck off; dismissal for want of prosecution reinstated despite applicant's lack of diligence.
Civil Procedure — Order 12 r.3(2): time limit for affidavits in reply — out-of-time affidavit without leave struck off. Civil Procedure — Order 9 r.22–23: dismissal for want of prosecution — setting aside for sufficient cause; mistake of counsel may constitute sufficient cause. Duty to act diligently after missing a hearing; right to fair hearing (Article 28) may justify reinstatement despite applicant’s lack of diligence. Costs awarded against applicant.
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24 June 2022 |
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Plaintiff entitled to repayment of advanced funds (USD 238,000), contractual 2% monthly interest, UGX 150,000,000 damages and costs.
Contract law – breach of Memorandum of Understanding and Refund Agreement – recovery of monies advanced – contractual admission of receipt – offset of prior payment – enforcement of agreed 2% per month interest – award of general damages and costs.
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24 June 2022 |
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A contemnor’s failure to obey court orders does not justify striking out the suit; contempt may attract fines and imprisonment until purge.
Civil procedure – contempt of court – sanctions – refusal to strike out suit; denial of audience until contemnor purges does not equate to dismissal. Unrebutted affidavit evidence – presumption of acceptance where service proven. Court powers – imposition of fine and civil imprisonment for continued wilful contempt.
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24 June 2022 |
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Court admitted uncontested invoices and receipts without a witness where originals/copies were on the court file.
Evidence – Documentary evidence – authentication and best-evidence rule – originals preferred but secondary evidence permitted under s.64. Evidence – Admission of uncontested documents without formal tender through witness where originals/copies on court file and authenticity unchallenged. Evidence Act – relevance of ss.58, 63 and 64. Civil procedure – court’s inherent powers to admit previously produced but unmarked documents. Exhibits – collective marking as single exhibit (Defendants’ Exhibit D44).
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21 June 2022 |
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21 June 2022 |
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Application to add mortgagor and borrower as defendants denied; affidavit by advocate upheld; suit remains between applicant bank and respondent.
Civil procedure – Affidavits in applications – Advocate on party’s legal team may swear affidavit if confined to matters within own knowledge; not automatically struck off. Civil procedure – Joinder of parties – Order 1 Rule 3: persons may be joined only where plaintiff has right to relief against them arising from same act/transaction or where separate suits would raise common questions to avoid multiplicity. Dominus litis principle – plaintiff cannot be compelled to sue persons he has no claim against. Procedural remedies – correct reliance on Order 1 Rule 3 (not Order 1 Rule 10(2)); applicant may use third party notice or separate suit for indemnity.
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21 June 2022 |
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21 June 2022 |
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Interim injunction refused where disputes are subject to arbitration and respondents acted as agents of a disclosed principal.
Arbitration – scope and effect of arbitration agreement; interlocutory injunction – prima facie case, irreparable harm, balance of convenience; partnership capacity and “carrying on business” test; agent of disclosed principal – personal liability; independence of advocates and abuse of process.
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15 June 2022 |
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Court refused injunction, held arbitration bars the suit and struck out action against agents of a disclosed principal.
Civil procedure – interlocutory injunctions; arbitration – stay and non-intervention where arbitration clause covers dispute; partnerships – capacity and "carrying on business in Uganda" requires actual/sustained presence; agency – agents of disclosed principal not personally liable; legal profession – protection of advocates from suits for client representation.
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15 June 2022 |
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Judicial review dismissed: time‑barred, consent High Court order not reviewable, remedies unexhausted, applicant lacks standing.
Judicial review – limitation and promptness; Consent judgments – court order not amenable to supervisory review by same court; Exhaustion of statutory/administrative remedies (Access to Information Act; EAC Court rules); Locus standi/sufficient interest – public interest vs busybody; Certiorari/mandamus – remedies discretionary.
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10 June 2022 |
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Application to set aside arbitral award dismissed; capacity, bias and public-policy challenges rejected.
Arbitration – judicial review – limited grounds to set aside awards under The Arbitration and Conciliation Act; Capacity – foreign company contracting without local registration unless a place of business established; Evident partiality – locus in quo discretionary; Public policy – narrow exception, requires substantial local effects or violation of fundamental Ugandan law.
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6 June 2022 |
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Applicant allowed to amend plaint to increase claimed sum and plead audit particulars; amendment not a new cause of action.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – Leave to amend before hearing; Amendment increasing sum claimed permissible where it does not introduce new cause of action; Audit report admissibility not a bar to pleading particulars; Prejudice to opposing party compensable by costs.
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2 June 2022 |
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Court stayed the suit and referred the dispute to arbitration, finding the arbitration clause operative and enforceable.
Arbitration law – stay of court proceedings under section 5 when arbitration agreement exists; locus of defendants who filed defence; formalities for affidavits sworn on behalf of companies; interpretation and enforceability of arbitration clauses (appointment mechanism, seat, and appointing authority); premature challenges to arbitrability.
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2 June 2022 |
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Default judgment and execution set aside where substituted service on a non-resident defendant was ineffective; leave to defend granted.
Civil procedure – Service out of jurisdiction – substituted service ineffective where defendant is ordinarily resident abroad; invalidity of unsealed summons; setting aside default judgment and execution; leave to defend in summary suit where draft defence discloses bona fide triable issues.
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2 June 2022 |
