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Citation
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Judgment date
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| January 2023 |
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Mortgagee entitled to foreclose, take vacant possession, and sell by public auction; private treaty requires mortgagor consent.
Mortgage law – foreclosure and sale – entitlement to foreclose and sell on mortgagor default; evidential effect of uncontroverted affidavits. Mortgage law – method of sale – public auction preferred; private treaty requires mortgagor consent (Mortgage Act, Regulations). Mortgage law – possession – mortgagee entitled to vacant possession after notice pending foreclosure. Civil procedure – costs follow the event; successful party awarded costs.
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30 January 2023 |
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Alleged mortgage fraud via impostor proved but immaterial because the property was neither matrimonial nor family land; application dismissed.
Mortgage law – section 34 Mortgage Act – review and voiding of mortgage for fraud, deceit or misrepresentation. Matrimonial home – ordinary residence test; continuity, intention and objective ties. Family land – statutory definitions under the Land Act (ordinary residence; derivation of sustenance; voluntary agreement; cultural norms). Materiality of fraudulent spousal consent – fraud must be material to mortgagee’s decision to void mortgage. Evidence of fraud – affidavit evidence and occasions requiring cross-examination.
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30 January 2023 |
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30 January 2023 |
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Court withdrew and consolidated the magistrates' suit with the High Court suit over the same contract between applicant and respondent.
Civil procedure – Withdrawal and consolidation of suits – Section 18 Civil Procedure Act; Section 33 Judicature Act – Avoidance of multiplicity of proceedings – Same parties, same question of law – Contract breach dispute.
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27 January 2023 |
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Applicant granted leave to defend summary suit due to bona fide triable issues despite late filing.
Summary procedure — leave to appear and defend — requirement to show bona fide triable issues; admissibility of affidavits; procedural time limit under Order 36 Rule 3; late supplementary affidavit struck off; dispute over possession, rescission and refund; legality of contractual interest rate (20% per month) as triable issue.
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24 January 2023 |
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Court dismissed application to vacate arbitrator's interim order and ordered arbitration concluded within thirty days or abate.
Arbitration — Limited judicial intervention in ongoing arbitrations; court's jurisdiction ancillary under The Arbitration and Conciliation Act. Interim measures — Concurrent jurisdiction of courts and arbitral tribunals; tribunals may grant interim relief on new facts despite prior court refusal. Kompetenz‑Kompetenz — Arbitrator's authority to decide jurisdictional challenges; procedural appointment objections can be waived if not timely raised. Delay and challenges — Inordinate delay not alone ground to set aside; appointing authority must decide challenges within statutory period; court may order expedition or deem arbitration inoperative.
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19 January 2023 |
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Court dismissed challenge to arbitral interim order, stressing limited judicial intervention and tribunal competence, but ordered 30‑day ultimatum to conclude award.
Arbitration – interim measures of protection – concurrent jurisdiction of courts and arbitral tribunals – coordination to avoid conflicting orders. Arbitration – kompetenz‑kompetenz – tribunal’s primary competence to rule on its jurisdiction and waiver of procedural objections. Arbitration – court intervention limited to statutory instances under The Arbitration and Conciliation Act. Arbitration – delay in concluding arbitral proceedings – not per se a ground for setting aside; remedy by abatement where delay persists.
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19 January 2023 |
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19 January 2023 |
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18 January 2023 |
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Preliminary objection partly upheld: shareholder claims against the liquidator proceed except claims alleging direct wrongs to seventeen separate companies, which are struck out.
Commercial law – liquidation – liquidator’s duties, accounts and fiduciary obligations; derivative actions by shareholders; limitation periods and fraud/discovery exception; res judicata; preliminary objections.
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17 January 2023 |
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16 January 2023 |
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Administrator respondents must produce estate accounts and submit to oral examination to discover assets for satisfying a judgment.
Civil procedure – Post-judgment discovery and supplementary relief – Oral examination of administrators under Order 22 r38 – Court power under Civil Procedure Act s37 and Succession Act s278(2) to compel production of estate accounts – Limits on fishing expeditions; relevance and proportionality required.
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13 January 2023 |
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Non‑payment under a garnishee order was not wilful contempt where internal verification processes prevented timely compliance.
Contempt of court – elements and strict proof standard – garnishee orders – corporate contempts – directors’ personal committal requires joinder and hearing – internal payment/verification processes may constitute just cause – contempt a remedy of last resort.
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13 January 2023 |
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Ambiguity in VAT provision resolved for the taxpayer: cereals "grown and milled in Uganda" qualify as zero‑rated, allowing input credit.
Tax — VAT: zero‑rating versus exemption — interpretation of paragraph 1(1) Third Schedule ("grown and milled in Uganda") — ambiguity resolved by purposive interpretation and legislative history in favour of taxpayer — entitlement to input VAT credit where cereals qualify as zero‑rated.
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11 January 2023 |
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An amendment converting a leave-to-appeal application into an enlargement-of-time application introduced a new cause of action and was struck out.
Civil procedure – Amendment of pleadings (Order 6 Rule 19) – Amendment must not introduce new cause of action or be mala fide – Court’s inherent powers under section 98 to strike out improper applications – Distinction between leave to appeal and enlargement of time to file notice of appeal.
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11 January 2023 |
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Failure to serve the application as ordered amounted to abuse of process and warranted dismissal for non‑service.
Civil procedure – Service of process – Compliance with court directions to serve application – Serving only hearing notices is insufficient – Abuse of court process – Dismissal for non-service under Order 5 Rule 3(1)(o) CPR (S.I. 71-1).
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11 January 2023 |
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Application to set aside arbitral award dismissed as time-barred and unsupported by a valid, compliant affidavit.
Arbitration — setting aside arbitral award — time limits under s.34(3) Arbitration and Conciliation Act — procedural compliance for supporting affidavits — Order 3 Rule 1 and Order 19 Rule 3 Civil Procedure Rules — striking out defective affidavits — incompetence of application without affidavit.
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11 January 2023 |
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Applicant failed to show error on the face of the record to justify review of an order for inspection of financial records.
Civil procedure — Review under section 82 and Order 46 — Error apparent on face of record — Discovery, interrogatories and inspection of books of account — Account of profits as remedy — Pre‑trial disclosure and prejudice concerns.
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11 January 2023 |
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Leave to appeal and a stay refused where applicant failed to show arguable or novel grounds affecting the subject matter.
Civil procedure – Leave to appeal – Requirements to show reasonable chance of success or arguable grounds and absence of dilatory conduct – Interlocutory orders ordinarily considered on final appeal unless novel principle or substantial effect – Stay of proceedings not granted where leave refused.
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11 January 2023 |
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Leave to appeal and a stay were refused where the applicant failed to show arguable grounds or reasonable prospects of success.
Civil procedure – Leave to appeal – Order 44(1)(2) CPR – interlocutory/discretionary orders – requirement to show arguable grounds or reasonable prospects of success – stay of proceedings – remedies not available where appeal would not be rendered nugatory.
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11 January 2023 |
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11 January 2023 |
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Applicant failed to prove sufficient cause for non-appearance; application to set aside dismissal dismissed with no order as to costs.
Civil procedure – Setting aside dismissal – Sufficient cause to be shown to excuse non-appearance; burden of proof lies on applicant; conferencing notices must show timing to establish conflict; application lacking merit dismissed.
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11 January 2023 |
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An inadvertent error by the applicant's counsel in noting hearing time can constitute sufficient cause to reinstate a dismissed appeal.
Civil procedure – Order 43 Rule 16 and section 98 CPA – Reinstatement of appeal dismissed for want of prosecution – "Sufficient cause" test – Counsel's inadvertent error/oversight may constitute sufficient cause – Court's power to re-admit appeal and fix terms.
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11 January 2023 |
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Default judgment set aside for ineffective substituted service; conditional leave to defend granted upon UGX 45,000,000 deposit.
Civil procedure — setting aside default judgment — effectiveness of service — substituted service by publication — necessity of due diligence and proof that ordinary service impracticable; leave to appear and defend — requirement of bona fide triable issue — conditional leave and security deposit as court-ordered term.
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6 January 2023 |
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Enforcement application dismissed for defective service, absent transfer order, lack of locus and garnishees' immunity.
Enforcement of EACJ decrees; requirements for verified judgment and specific transfer order; effective service on foreign bank branch; locus of agent law firm to enforce decree; post-judgment discovery in aid of execution; process and jurisdictional immunity of international organisation and foreign state instrumentality.
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6 January 2023 |
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Applicant’s review allowed after newly obtained bank records justified setting aside judgment and permitting defence filing.
Civil procedure — Review vs appealability — Order appealable as of right does not bar review; New and important evidence — certified bank statements and letters of credit obtained post-judgment may justify review; Sufficient reason/mistake of counsel — must be analogous to new evidence or error apparent on face of record; Relief — setting aside struck-out defence and judgment; Grant of leave to file defence.
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4 January 2023 |
