|
Citation
|
Judgment date
|
| January 2023 |
|
|
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
|
30 January 2023 |
|
Property was neither the applicant’s matrimonial home nor family land; mortgage upheld despite husband's fraudulent spousal consent.
Mortgage law – Matrimonial home and family land definitions – Ordinary residence test – Fraudulent spousal consent/impostor – Materiality of misrepresentation – Remedies under s.34 Mortgage Act
|
30 January 2023 |
|
|
30 January 2023 |
|
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.
|
27 January 2023 |
|
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.
|
24 January 2023 |
|
Court refused to vacate arbitral interim protection, finding intervention premature and objections to appointment untimely; arbitration to continue.
Arbitration — Interim measures — Concurrent jurisdiction of courts and arbitral tribunals; Kompetenz‑Kompetenz — limited court intervention; procedural objection to arbitrator appointment — waiver; inordinate delay in award — not per se ground for setting aside
|
19 January 2023 |
|
Court dismissed challenge to arbitral interim order; judicial intervention in ongoing arbitration is strictly limited.
Arbitration law – concurrent jurisdiction over interim measures – limited court intervention during arbitration – kompetenz‑kompetenz and timing of appointment challenges – delay in arbitration not alone a ground for setting aside
|
19 January 2023 |
|
|
19 January 2023 |
|
|
18 January 2023 |
|
Shareholders may pursue most claims as a derivative action; claims for alleged wrongs to seventeen separate companies were struck out.
Civil procedure – preliminary objections; limitation and fraud/discovery exception; derivative action by shareholders; locus standi to sue for wrongs to companies; liquidator’s duty to account; res judicata; laches
|
17 January 2023 |
|
|
16 January 2023 |
|
A judgment creditor is entitled to post-judgment discovery and oral examination of estate administrators who must produce accounts before claiming discharge.
Post-judgment discovery; Order 22 r.38 CPR; oral examination of administrators; Civil Procedure Act s.37; Succession Act s.278(2); administrators' liability for estate debts; enforcement in aid of execution
|
13 January 2023 |
|
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.
|
13 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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).
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
11 January 2023 |
|
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.
|
6 January 2023 |
|
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.
|
6 January 2023 |
|
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.
|
4 January 2023 |
