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Citation
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Judgment date
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| July 2022 |
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Applicant granted unconditional leave to defend summary suit due to bona fide triable disputes over quantum, timing and cheque status.
Civil procedure – Order 36/Order 52 – leave to appear and defend – bona fide triable issues – disputed quantum – prematurity of summary suit – undated cheques as security v. payment.
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29 July 2022 |
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Amendment adding fraud disallowed as new cause of action; second applicant joined as plaintiff to the suit.
Civil procedure – Amendment of pleadings – Amendment disallowed where it introduces a new distinct cause of action; Joinder of parties – Persons who claim relief arising from same transaction may be joined; Mistake of counsel – Applicant must prove demonstrable counsel error to avoid technicality; Article 126(2)(e) not a free licence to ignore law.
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29 July 2022 |
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Application to appear and defend in summary suit denied for lateness and defective supporting affidavit; respondent awarded UGX 425,000,000.
Civil Procedure – Summary procedure (Order 36) – Leave to appear and defend – Ten‑day time limit; Service by electronic means (WhatsApp/email) effective to commence time; Affidavit requirements – deponent must have authority and personal knowledge; Threshold for leave – bona fide/triable defence required; Consequence of refusal – automatic decree up to endorsed sum and costs.
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29 July 2022 |
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Applicant granted leave to defend summary suit after raising triable issues over indebtedness and a compromise agreement.
Summary procedure – Order 36 R3/R4 – leave to appear and defend – triable issues as to indebtedness and account balancing – validity/execution of compromise agreement – whether applicant is beneficiary – bona fide defence required.
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29 July 2022 |
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Whether a breach‑of‑contract claim is time‑barred where the alleged sale occurred in 2015.
Limitation of actions — Contract actions — six‑year limitation under section 3(1) Limitation Act; Cause of action — arises on date of wrongful sale; Civil Procedure — Order 7 Rule 11(d) — rejection of plaint barred by law; Preliminary objection — time bar — dismissal where suit was filed within statutory period.
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29 July 2022 |
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Interim injunction set aside because the applicant failed to prove irreparable harm despite a prima facie case.
Interlocutory injunctions – requirements: prima facie case, irreparable harm, balance of convenience – absence of irreparable harm precludes grant of injunction; appellate re-evaluation of registrar’s discretionary interlocutory order.
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29 July 2022 |
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Court found mutual breaches: defendant failed to pay and removed co‑signatory; plaintiff delayed completion; monetary awards ordered.
Contract law – subcontract payment obligations – liability for unpaid work and wrongful removal of contractually-protected bank signatory. Contract law – time of performance – effect of agreed extension and breach for failure to complete by extended date. Restitution – unjust enrichment claims – requirement for proper pleading and evidential support. Remedies – assessment of damages, interest (court discretion; Bank of Uganda rate used) and costs (each party to bear own).
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29 July 2022 |
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Related mortgage and contractual disputes should be heard concurrently, not fully consolidated, to avoid practical prejudice.
Civil procedure – consolidation of suits – Order 11 r.1 CPR – related transactions and common questions of law and fact – practical prejudice where a party is plaintiff in one suit and defendant in another – concurrent trials with separate pleadings and judgments.
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29 July 2022 |
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Ex parte decree set aside for defective service and questionable decrees; applicant granted unconditional leave to defend.
Civil Procedure – Order 36 r.11 – setting aside ex parte decree for ineffective service; Affidavit of service – credibility and discrepancies; Decree formalities – sealing, dating and currency consistency; Leave to defend – requirement of bona fide triable issue.
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29 July 2022 |
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The defendant’s suit for the price barred later repossession; wrongful repossession without notice entitles the plaintiff to damages.
Contract law — sale by instalment/conditional sale; characterization of transaction; waiver by acceptance of late payments; election of remedies — suit for price bars later repossession; requirement of notice before repossession; wrongful repossession — damages.
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28 July 2022 |
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An on‑demand performance guarantee cannot be restrained from payment absent strict proof of fraud or irreparable harm.
Arbitration — interim measures — interim injunctions pending arbitration; Performance guarantees — on-demand/unconditional guarantees; Fraud as sole exception to payment under demand guarantees — strict proof required; Irreparable harm and adequacy of damages; Balance of convenience in restraint of performance bonds.
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28 July 2022 |
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The respondent is entitled to recover the outstanding loan, interest and general damages for breach of the loan contract.
Contract law – Loan facility – enforcement of loan agreements – proof of disbursement and outstanding balance by documentary evidence. Breach of contract – remedies – principal recovery, general damages; aggravated damages not awarded without aggravating conduct. Guarantor liability – guarantee enforceable; joint and several liability. Interest – commercial rate award under Civil Procedure Act; interest on principal from date default ascertained. Civil procedure – ex parte hearing of counterclaim after dismissal of plaintiffs’ suit under Order 9 CPR.
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27 July 2022 |
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Court stayed recovery proceedings and deferred leave-to-defend until an earlier suit challenging the same guarantee is determined.
Civil procedure – Order 36 r.4 – Leave to appear and defend – Requirement of a bona fide triable issue of fact or law pleaded with sufficient particularity. Related proceedings – Stay of proceedings – Where an earlier pending suit challenges the same agreement, later proceedings may be stayed pending determination. Case management – Reallocation of matters and directions to prosecute earlier proceedings to avoid conflicting determinations.
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25 July 2022 |
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An arbitration clause is void where the underlying loan contract is illegal, so the applicant's land suit proceeds.
Arbitration law — arbitration clause unenforceable where underlying contract is illegal (no licence, prohibited interest); Service of process — court may exercise inherent jurisdiction to renew summons; Civil procedure — lis pendens requires same parties and reliefs; Company law — director may be sued and corporate veil lifted within main suit where fraud alleged; Land law — RTA and Mortgage Act protections do not bar fraud-based challenges to title.
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25 July 2022 |
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Urgent judicial intervention granted to halt imminent sale of property, allowing injunctive applications to be heard during court vacation.
Civil Procedure – Certificate of urgency – Court vacation – Urgent application for injunctive relief pending sale of property – Imminent threat to property rights justifying dispensation of court vacation rules.
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21 July 2022 |
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A certificate of urgency was issued to hear injunction applications protecting family property from imminent sale during court vacation.
Civil procedure – Certificate of urgency – Injunctive relief during court vacation – Imminent threat to matrimonial property – Protection of spouse’s legal interest.
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21 July 2022 |
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Bank refunded fraudulently debited funds but breached fiduciary duty by failing to communicate investigation outcome, warranting damages.
Banking law – banker-customer relationship – duty of care and fiduciary obligations to safeguard customer deposits. Banking law – unauthorized/online Visa transactions – liability where bank did not participate in fraud but failed to communicate investigation outcome. Contract interpretation – indemnity clauses for internet card use not applicable where customer did not authorize the transaction. Remedies – reduction of excessive general damages; interest awarded on damages from judgment; costs follow the event.
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19 July 2022 |
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Court grants certificate of urgency due to imminent sale and eviction threatened over mortgaged property during court vacation.
Civil procedure – urgency – applications during court vacation – requirements for certificate of urgency – imminent threat to mortgaged property – pending injunctive relief.
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19 July 2022 |
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A taxation award given without reasons is vulnerable to being set aside and must be re-taxed with reasons provided.
Taxation of costs – Duty of Taxing Officer to give reasons; Judicial requirement for reasons – fairness and appellate scrutiny; Unreasoned taxation awards – set aside and remit for re‑taxation with reasons.
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19 July 2022 |
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Application for broad discovery of mortgage, loan and correspondence documents dismissed as overbroad and prematurely filed; costs awarded to respondents.
Civil procedure – discovery – Order 10 rules 12, 14, 15 and 19 – requirements of relevance, materiality and reasonable particularity – prohibition of fishing expeditions. Discovery practice – duty to attempt voluntary production (notice to produce) before court application – good faith effort requirement. Documents obtainable from public registries need not be compelled by discovery if burden of access is substantially the same. Privilege not claimed by respondents; discovery discretionary and may be denied for overbreadth or undue burden.
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19 July 2022 |
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A customer who authorised or negligently enabled digital banking transactions bears the loss; the bank not liable.
Digital banking — CenteMobile — two‑factor authentication — customer duty to safeguard PIN/SIM — signature binds — liability for unauthorised transactions — imposter rule.
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18 July 2022 |
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Court unconditionally stayed execution pending appeal due to imminent execution risk, potential irreparable loss, and sufficient security.
Stay of execution pending appeal – Order 43 rule 4(3) – requirements: notice of appeal, lack of unreasonable delay, likelihood of success, imminent execution/nugatory appeal, substantial/irreparable loss, security for due performance – sale of mortgaged property – bona fide purchaser – penal interest.
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18 July 2022 |
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15 July 2022 |
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COVID‑19 tolled filing time but unexplained delay after lockdown justified dismissal of extension application; appeal dismissed.
Tax law – statutory interpretation of limitation periods – 30 days from service versus six months from decision; Tribunal’s procedural rule inconsistent and void to extent; extension of time – discretionary power, relevant considerations include disability and reasonable cause; COVID‑19 lockdown may toll procedural time but unexplained delay after tolling defeats extension; appellate restraint in interference with discretion.
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12 July 2022 |
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Applicants' stay denied for failing to show a real likelihood of success; application dismissed with costs.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal, absence of unreasonable delay, security for due performance, risk of substantial loss, likelihood of success; right of appeal from review orders by a judge of similar jurisdiction; failure to plead substantive grounds of appeal renders stay application frivolous.
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11 July 2022 |
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Whether the respondent owed unpaid contractual sums under a three-way matching requirement and whether counterclaim for overpayment succeeded.
Contract law – written supply agreement – requirement of three-way matching (purchase order, mutually signed goods received note, invoice) before payment obligation arises. Evidence – special damages and contractual sums must be particularised and strictly proved. Restitution – money had and received requires full reconciliation and proof; failure to make out a prima facie case defeats counterclaim. Remedies – interest on commercial debt awarded at a just and reasonable rate (21% p.a.) and costs follow the event.
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11 July 2022 |
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Plaintiffs recovered funds advanced for a failed joint agricultural venture; restitution and interest awarded, general damages denied.
Restitution – money had and received – claim to prevent unjust enrichment where defendant received funds for a joint enterprise but failed to account; burden shifts to defendant to rebut. Evidence – remittances and invoices as proof; failure to file defence. Remedies – restitution of sums, interest (23% UGX; 8% GBP), refusal of unparticularised general damages; costs follow event.
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5 July 2022 |
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Unwritten accountability term excluded by parol evidence; defendant liable for US$6,879,222 plus interest and costs.
Contracts — Parol evidence rule — terms in writing as final expression; Implied terms — necessity and business efficacy; Account/rendition of accounts — distinction between debtor-creditor claims and suits requiring rendition of account; Sale of goods — proof of delivery and reconciliation; Interest on commercial debts — award of interest where payment wrongfully withheld; Costs follow the event.
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4 July 2022 |
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Applicant's late amendment denied for introducing new causes and amounting to abuse of process.
Civil procedure – Amendment of pleadings (Order 6 Rule 19) – Whether proposed amendment introduces new causes of action – Delay and abuse of process – Prejudice and limitation – Role of independent forensic audit in resolving disputed account sums.
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1 July 2022 |
