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Citation
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Judgment date
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| October 2023 |
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Miscellaneous cause improper for resolving substantive mortgage disputes; contested issues require plaint and full trial; application dismissed.
Mortgage Act s.33; Civil Procedure Act s.98; procedure — improper use of miscellaneous cause for substantive disputes; requirement for mother suit/rule on notice of motion; interlocutory relief vs main suit; necessity of trial where oral evidence required.
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31 October 2023 |
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Court granted interim injunctions preserving assigned contract proceeds pending arbitration to prevent diversion.
Arbitration Act s.6(1) – interim measures pending arbitration – court may preserve status quo to protect assigned contractual proceeds. Security assignment – deed of assignment of contract proceeds as continuing security enforceable by interim relief. Interim injunctions – requirements of prima facie case, irreparable harm, and balance of convenience applied to payments diversion. Preservation of assets – payment direction to contracting authority restrained to prevent dissipation of assigned proceeds.
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30 October 2023 |
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Court stayed suits and sanctioned arbitration, granted injunction; applicant’s claim for contractual interest against respondent denied.
Arbitration law – competence of arbitrator (kompetenz‑kompetenz) – scope of arbitration agreement to be decided by arbitrator at first instance. Stay of court proceedings – where arbitration has commenced – court may stay and sanction arbitration to proceed. Interim measures – Section 6(1) Arbitration and Conciliation Act – temporary injunction to preserve status quo where irreparable harm and serious question to be tried. Contract law – privity of contract – contractual interest under a third‑party contract cannot be charged against a non‑party.
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30 October 2023 |
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An administrator’s agreement disposing of estate land without beneficiaries’ consent is unlawful; suit based on it dismissed.
Succession law – Administrator’s duties – Fiduciary obligations – Consent of beneficiaries required before disposing of estate property; transactions without consent unlawful. Contract/enforceability – Memorandum of Understanding entered by administrator without beneficiaries’ consent unenforceable. Remedies – Claims based on unlawful administrator transactions cannot be sustained; suit dismissed.
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29 October 2023 |
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Plaintiff proved breach of loan agreement; court awarded principal, modest general damages, interest and costs.
Commercial Law – Breach of loan facility agreement – default on repayment – unchallenged pleaded amounts treated as proved. Remedies – recovery of principal, general damages, interest and costs; unjust enrichment. Interest – court discretion to set rate (20% p.a. on principal from filing; 6% p.a. on general damages from judgment). Procedure – defendant’s failure to file defence; interlocutory judgment and formal proof.
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27 October 2023 |
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Defendants held liable for breach of loan agreements; plaintiff awarded principal, general damages, interest and costs.
Contract law – Loan facility – Default and breach; guarantor and post-dated cheque; proof of unchallenged pleaded sums; remedies – recovery of principal and interest, general damages, court’s discretion on interest (Civil Procedure Act), costs follow the event.
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26 October 2023 |
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Whether an interim stay of execution should be granted pending appeal and the substantive application, subject to a 30% security deposit.
Civil procedure – Interim stay of execution – Requirements: pending substantive application, imminent threat of execution, competent notice of appeal – Preservation of status quo. Mortgage law – Mortgage Regulations 2012 (Reg.13(1)) – 30% security deposit as condition for adjourning sale; court discretion to tailor timelines where sale imminent. Judicial discretion – customized interim orders to balance prejudice where statutory timelines are silent.
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25 October 2023 |
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Interim restraint preventing respondents from making copyright claims until the ownership dispute and injunction application are determined.
Copyright — interim relief — preservation of status quo — temporary injunction pending ownership dispute; probative value of platform takedown notices; discretion to grant interim orders.
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25 October 2023 |
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A secured creditor may enforce and sell pledged movable property; without evidence of perishability sale must be by public auction.
Security Interest in Movable Property Act 2019 – validity of security interest agreement; enforcement upon default; demand notice requirements; sale of pledged movable property – private treaty vs public auction; evidence of perishability.
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24 October 2023 |
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Appeal dismissed for lack of jurisdiction because orders under Order 9 Rule 12 are not appealable as of right and no leave was obtained.
Civil procedure — Appealability — Orders under Order 9 Rule 12 (setting aside ex parte/interlocutory judgments) are not appealable as of right under Order 44; leave required — appellate jurisdiction statutory — absence of leave divests court of jurisdiction to entertain appeal.
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24 October 2023 |
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Applicant granted leave to defend summary rent suit due to bona fide triable issues and related suits consolidated.
Civil procedure – Order 36 summary procedure – leave to appear and defend – requirement of bona fide triable issue of fact or law; preliminary objections to plaint premature in leave applications; consolidation of related suits to avoid multiplicity and contradictory findings.
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24 October 2023 |
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23 October 2023 |
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23 October 2023 |
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Application to amend plaint denied because amendment would defeat respondent's statutory limitation defence.
Civil Procedure – Amendment of pleadings (Order 6 Rule 19) – Limits where amendment would deprive opponent of Limitation Act defence – amendment not allowed to defeat statute of limitations or change cause of action.
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20 October 2023 |
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Interim relief pending arbitration denied: prima facie case found but no irreparable harm and balance of convenience/public interest favoured respondents.
Arbitration — Interim measures pending arbitration — Court's discretionary power under Arbitration and Conciliation Act to grant interim protection. Interim injunction principles — prima facie case, irreparable injury, balance of convenience applied to arbitration context. Public interest and statutory implementation — courts will not grant injunctions that effectively suspend legislation. Joinder and standing — requirement that a respondent be a party to the contract before being sued under it.
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20 October 2023 |
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The applicant granted leave to amend the plaint to reflect a reduced loan balance after part payment; no substantial prejudice found.
Civil Procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to correct pleaded amount after part payment – Prejudice test – Amendments freely allowed before hearing unless injustice or new cause of action – Costs to abide main suit.
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20 October 2023 |
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20 October 2023 |
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Member’s challenge to 21 September 2022 shareholders’ meeting and resolutions dismissed for lack of prejudice and insufficient proof.
Companies law – member’s standing under s.248 – validity of shareholders’ meeting and proxies – registration of resolutions by Registrar (URSB) – scope of court-ordered shareholders’ meeting – alleged abuse of court process and relief by injunction.
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20 October 2023 |
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Court reduced statutory 30% mortgage-security deposit to 10% and granted injunction subject to payment, balancing spouse rights and mortgagee protection.
Mortgage law – Regulation 13(1) and (6) of the Mortgage Regulations, 2012 – security deposit to adjourn sale – spouse exemption. Spousal rights – matrimonial home and requirement for spousal consent. Evidence – proof of inability to pay requires corroborative material, not mere assertions. Equitable balancing – protection of mortgagee’s interests versus spouse’s right of occupancy. Discretion – court may reduce statutory deposit when circumstances justify.
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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18 October 2023 |
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18 October 2023 |
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Temporary injunction granted conditionally: fresh valuation ordered and Applicant must deposit 30% of forced sale value.
Mortgage law – Regulation 13(1) – requirement to deposit 30% of forced sale value as condition to adjourn sale of mortgaged property. Interlocutory injunction – test: prima facie case, irreparable injury, balance of convenience; possession/equitable interest versus registered title. Valuation authenticity – challenge to valuation report; court may order fresh valuation where authenticity is disputed. Due diligence of mortgagee – allegations of failure to detect fraudulent title raise substantial question to be tried.
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17 October 2023 |
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Applicant failed to prove fraud, mistake or frustration to set aside or be discharged from the consent judgment.
Civil procedure – Consent judgment – treated as a contract; parol evidence rule bars extrinsic variation; setting aside consent requires fraud, mistake, misapprehension or illegality; frustration and discharge of contract; approbation and reprobation doctrine; requirement to prove true facts would have led to a materially different order (J v B factors).
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17 October 2023 |
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Application to set aside a clear consent judgment for mistake, misrepresentation and frustration dismissed; consent binding and enforceable.
Consent judgments – enforceability – setting aside only for fraud, mistake, misrepresentation, collusion or contrary public policy; Parol evidence rule – written consent not varied by extrinsic statements; Frustration – discharge requires impossibility not proven; Approbation and reprobation – beneficiary cannot repudiate consent; Execution remedies available under consent.
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17 October 2023 |
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Application to set aside arbitral award dismissed: one‑month limitation runs from party’s receipt; no proven bias, fraud or public‑policy breach.
Arbitration — limitation for setting aside awards — one month runs from receipt by the party; institutional rules cannot extend statutory time; ex parte awards permissible where non‑participation unexplained; evident partiality, fraud and public policy grounds narrowly construed; registration does not convert award into a court decree except for enforcement.
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16 October 2023 |
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Delayed validation of pleadings outside a party's control can prevent abatement for failure to take out summons for directions.
Civil procedure — Order XIA Rule 1(2) & (6) — summons for directions — abatement of suit; filing effective upon Registrar validation; validation delays outside parties' control; court's discretionary assessment of circumstances before declaring abatement.
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13 October 2023 |
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13 October 2023 |
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13 October 2023 |
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Court permits substitution of defendant and addition of fraud allegations connected to a copyright claim, ordering amended plaint filed.
Civil procedure – amendment of pleadings; substitution of defendant for inadvertent pleading error; allowance of new allegations (fraud) linked to original copyright claim; prejudice to be compensated by costs; pre-trial directions.
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13 October 2023 |
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Court held the transaction was a loan, reopened it under the Tier 4 Act, voided the sale and awarded compensation.
Civil procedure – affidavits in surrejoinder – leave required; struck off if filed without leave. Money‑lending law – Tier 4 Microfinance Institutions and Money Lenders Act s.89 – reopening harsh or unconscionable transactions. Contract – whether transaction constituted loan with security or a genuine sale; intention to create legal relations. Remedies – repayment, setting aside sale, award of market value less loan, post‑judgment interest, and costs.
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13 October 2023 |
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Plaintiff obtained a default judgment under Order 36(3)(2) awarding specified monetary sums, costs and 6% interest.
Civil procedure – Default judgment – Entry under Order 36 rule 3(2) of the Civil Procedure Rules (as amended) – Award of decretal sums, costs and interest.
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12 October 2023 |
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Plaintiffs failed to prove licences to plant on forest reserve land; their claims against the defendant therefore failed.
Forestry law – existence and proof of licences to plant in forest reserves; evidentiary requirement to produce licences or admissible secondary evidence. Evidence – primary/secondary evidence under Evidence Act; receipts insufficient to prove licence. Remedies – absence of proved licence precludes damages against land manager; remedy may lie against third party or by refund claim. Costs – each party to bear own costs.
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10 October 2023 |
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10 October 2023 |
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10 October 2023 |
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Breach of undertaking, fraudulent pledge and unlawful possession of condominium titles; recovery and damages awarded.
Contract – breach of Deed of Undertaking by failure to deliver title documents; Property/Mortgage law – invalid mortgage where title remains registered in owner’s name and pledgor lacks authority; Fraud – concealment and misrepresentation by agents; Unjust enrichment – gain at owner’s expense; Remedies – recovery of titles, damages, interest and costs.
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10 October 2023 |
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Registrar lawfully imposed 30% mortgage-deposit condition under Mortgage Regulations; appeal and review dismissed.
Mortgage law – Regulation 13(1) – Temporary injunctions and adjournment of sale – 30% security deposit of forced sale value or outstanding amount; Registrar’s discretion and appellate/review route (Order 50 Rule 8; Order 46) – error apparent on face of record.
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6 October 2023 |
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Second respondent held in civil contempt for grading and pledging suit land; fined UGX 5,000,000 or two months' imprisonment on default.
Civil contempt – requirements: existence of clear order; notice/service; non-compliance; willfulness. Injunctions – enforcement – grading land and pledging as collateral contrary to injunction amounts to civil contempt. Remedies – proportional fine and conditional committal; punitive damages excessive where loss not proved.
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6 October 2023 |
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Whether the respondent properly applied Method 2 valuation, making demonstrated adjustments for commercial level and quantity.
Customs valuation – East African Community Customs Management Act – Fourth Schedule – Method 2 (transaction value of identical goods) – requirement to adjust for differences in commercial level and quantity supported by demonstrated evidence. Procedural law – Tax Appeals Tribunal – failure to decide the real issue – remittal for reconsideration under section 27(3) Tax Appeals Tribunal Act. Burden of proof – applicant’s obligation under section 18 of the Tax Appeals Tribunal Act noted but Tribunal’s incomplete decision remedied by remittal.
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5 October 2023 |
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Court allowed amendment and counterclaim over alleged forged inspection report, finding no unfair prejudice and same facts governed.
Civil procedure – Order 6 Rule 19 – Leave to amend pleadings to raise fraud counterclaim based on allegedly forged police inspection report; ECCMIS filing and service; inconsistencies in affidavit – ignoring inconsistent paragraph; prejudice and multiplicity of proceedings.
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4 October 2023 |
